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P:\CLEPUB\Books\Disciplinary Board Reporter ... - Oregon State Bar

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Cite as In re Rich, 19 DB Rptr 60 (2005)<br />

STIPULATION FOR DISCIPLINE<br />

David L. Rich, attorney at law (hereinafter “the Accused”), and the <strong>Oregon</strong><br />

<strong>State</strong> <strong>Bar</strong> (hereinafter “the <strong>Bar</strong>”) hereby stipulate to the following matters pursuant<br />

to <strong>Oregon</strong> <strong>State</strong> <strong>Bar</strong> Rule of Procedure 3.6(c).<br />

1.<br />

The <strong>Bar</strong> was created and exists by virtue of the laws of the <strong>State</strong> of <strong>Oregon</strong><br />

and is, and at all times mentioned herein was, authorized to carry out the provisions<br />

of ORS Chapter 9, relating to the discipline of lawyers.<br />

2.<br />

The Accused was admitted by the <strong>Oregon</strong> Supreme Court to the practice of<br />

law in <strong>Oregon</strong> on September 18, 1979, and has been a member of the <strong>Oregon</strong> <strong>State</strong><br />

<strong>Bar</strong> continuously since that time, having his office and place of business in<br />

Washington County, <strong>Oregon</strong>.<br />

3.<br />

The Accused enters into this Stipulation for Discipline freely and voluntarily.<br />

This Stipulation for Discipline is made under the restrictions of <strong>Bar</strong> Rule of<br />

Procedure 3.6(h).<br />

4.<br />

On September 8, 2004, a Formal Complaint was filed against the Accused<br />

pursuant to the authorization of the <strong>State</strong> Professional Responsibility <strong>Board</strong><br />

(hereinafter “SPRB”), alleging violations of DR 1-102(A)(4) (conduct prejudicial to<br />

the administration of justice) and DR 6-101(B) (neglect of a legal matter) of the<br />

Code of Professional Responsibility. The parties intend that this stipulation set forth<br />

all relevant facts, violations, and the agreed-upon sanction as a final disposition of<br />

this proceeding.<br />

Facts<br />

5.<br />

Sometime before August 28, 2003, an order to show cause in the Washington<br />

County Circuit Court case O’Grady v. Torgerson, Case No. C031474DRB was served<br />

on Ryan Torgerson (hereinafter “Torgerson”) requiring him to appear on September<br />

26, 2003, and show cause why his parenting and custody rights should not be<br />

suspended (hereinafter “parenting matter”).<br />

6.<br />

On or about August 28, 2003, Torgerson retained the Accused to represent him<br />

in three separate matters, one of which was the parenting matter described in<br />

paragraph 5 above. On August 28, 2003, the Accused signed a Notice of<br />

61

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