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

Cite as In re Ames, 19 DB Rptr 66 (2005)
27.
On or about March 2, 2004, Mikhaylov retained other counsel. Mikhaylov and
her counsel requested that the Accused account for her retainer and refund the
unearned portion of it. Mikhaylov and her counsel also requested that the Accused
provide her new counsel a copy of her file. Thereafter, the Accused failed to respond
to Mikhaylov’s attempts to contact him and failed to deliver to her the requested
accounting or client funds and property.
28.
The Oregon State Bar received a complaint from Mikhaylov concerning the
Accused’s conduct on July 30, 2004. On August 5, 2004, Disciplinary Counsel’s
Office forwarded a copy of the complaint to the Accused and requested his response
to it by August 26, 2004. The Accused made no response. On September 15, 2004,
Disciplinary Counsel’s Office again requested the Accused’s response to the
complaint by September 22, 2004. The Accused made no substantive response to the
Bar’s inquiry until November 17, 2004, at which time the Accused provided
Mikhaylov’s client file to the Bar.
Violations
29.
The Accused admits that he neglected a legal matter entrusted to him;
intentionally failed to carry out a contract of employment; failed to account for client
property in his possession; 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 6-101(B), DR 7-101(A)(2), DR 9-101(C)(3), DR 9-101(C)(4), and
DR 1-103(C).
Pham Matter
(Case No. 04-145)
Facts
30.
In or around March or April 2003, the Accused undertook to represent Danhle
Pham (hereinafter “Danhle”) for injuries incurred at a local department store
(hereinafter “store case”). Danhle paid the Accused $200 for costs.
31.
The Accused filed a lawsuit on Danhle’s behalf on January 29, 2004.
Thereafter, the Accused failed to take any significant action on Danhle’s store case,
including properly serving the defendant.
73