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Cite as In re Ames, 19 DB Rptr 66 (2005) E. Mitigating Factors. Mitigating factors include: 1. Absence of a prior disciplinary record. Standards, § 9.32(a). 2. Absence of a dishonest or selfish motive. Standards, § 9.32(b). 3. Personal or emotional problems. Standards, § 9.32(c). The Accused was experiencing personal or emotional difficulties during part of the period when he failed to respond to his clients in that his father became seriously ill, resulting in the Accused being absent from his office a considerable amount. 37. The Standards provide that a suspension is generally appropriate when a lawyer knowingly improperly handles client property. Standards, § 4.12. A suspension is also appropriate when a lawyer knowingly fails to perform services for a client and causes injury or potential injury to a client, or engages in a pattern of neglect and causes injury or potential injury to a client. Standards, § 4.42. Finally, a suspension is generally appropriate when a lawyer knowingly engages in conduct that is a violation of a duty owed to the profession and causes injury or potential injury to a client, the public, or the legal system. Standards, § 7.2. 38. Oregon case law also suggests that a lengthy suspension is appropriate. See In re Parker, 330 Or 541, 9 P3d 107 (2000) (four-year suspension for knowing neglect, including failing to respond to client messages, and knowing failure to respond to Bar inquiries in four matters); In re Schaffner II, supra (two-year suspension for single violations of DR 6-101(B), DR 9-101(C)(4), and DR 1-103(C) when prior discipline for similar misconduct); In re Chandler, 306 Or 422, 760 P2d 243 (1988) (two-year suspension for neglect of five client matters, three violations of current DR 9-101(C)(4)), and substantially refusing to cooperate with Bar authorities (DR 1-103(C))). See also In re Barrow, 13 DB Rptr 126 (1999) (two-year suspension for multiple disciplinary rules in multiple matters when lawyer experienced mental disability or chemical dependency during relevant period of time). 39. Consistent with the Standards and Oregon case law, the parties agree that the Accused shall be suspended for two years for violations of DR 6-101(B) (seven counts), DR 7-101(A)(2), DR 9-101(C)(3), DR 9-101(C)(4) (five counts), and DR 1-103(C) (eight counts), the sanction to be effective upon approval by the Supreme Court. 76
Cite as In re Ames, 19 DB Rptr 66 (2005) 40. This Stipulation for Discipline is subject to review by Disciplinary Counsel of the Oregon State Bar and to approval by the SPRB. If approved by the SPRB, the parties agree the stipulation is to be submitted to the Supreme Court for consideration under the terms of BR 3.6. EXECUTED this 9th day of February 2005. /s/ Mark A. Ames Mark A. Ames OSB No. 98031 EXECUTED this 9th day of February 2005. OREGON STATE BAR By: /s/ Amber Bevacqua-Lynott Amber Bevacqua-Lynott OSB No. 99028 Assistant Disciplinary Counsel 77
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white text DISCIPLINARY BOARD REPOR
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white text PREFACE This Disciplinar
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white text Justices of the Oregon S
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white text 2005 DISCIPLINARY BOARD
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Cases Reported in Volume 19 In re C
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Cases Reported in Volume 19 In re K
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Cases Reported in Volume 19 In re S
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TABLE OF CASES (References are to t
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Table of Cases In re Jordan, 295 Or
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Table of Cases In re Wyllie, 331 Or
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Table of Rules and Statutes DR 3-10
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Table of Rules and Statutes DR 7-11
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TABLE OF BAR RULES OF PROCEDURE (Re
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