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

Cite as In re Ames, 19 DB Rptr 66 (2005)
Matveyev Matter
(Case No. 04-40)
Facts
14.
Before September 12, 2003, the Accused undertook to represent Roman
Matveyev (hereinafter “Matveyev”) in a personal injury matter. On or about
September 12, 2003, Matveyev employed new counsel, Frederic Cann (hereinafter
“Cann”), to render an opinion on whether the Accused had properly handled his
personal injury claim. On September 12, 2003, September 25, 2003, and September
30, 2003, Cann requested that the Accused deliver Matveyev’s file to him. The
Accused failed to deliver Matveyev’s file as requested.
15.
The Oregon State Bar received a complaint from Cann concerning the
Accused’s conduct on November 11, 2003. On November 19, 2003, Disciplinary
Counsel’s Office forwarded a copy of the complaint to the Accused and requested
his response to it by December 10, 2003. The Accused made no response. On
December 11, 2003, Disciplinary Counsel’s Office again requested the Accused’s
response to the complaint by December 18, 2003. The Accused made no substantive
response.
Violations
16.
The Accused admits that he failed to promptly deliver to the client, as
requested, property in his possession which the client was entitled to receive, and
failed to respond to inquiries from or cooperate with Disciplinary Counsel’s Office,
in violation of DR 9-101(C)(4) and DR 1-103(C).
Taylor Matter
(Case No. 04-107)
Facts
17.
In the fall of 2001, the Accused undertook to represent Debra Taylor
(hereinafter “Taylor”) in a personal injury matter. The Accused filed a lawsuit on
Taylor’s behalf in August 2002. Thereafter, the Accused failed to take any significant
action on Taylor’s case, including properly serving the defendant. In September 2003,
Taylor’s case was dismissed for want of prosecution. Costs were awarded against
Taylor.
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