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

Cite as In re Trukositz, 19 DB Rptr 78 (2005)
of his professional judgment on behalf of his client would be or reasonably might be
affected by his own financial business, property, or personal interest without
obtaining Mejia’s consent after full disclosure. After disclosing to Mejia that her
claim was barred by the statute of limitations, the Accused represented to her that he
would notify his insurance company; he would give his insurance company Mejia’s
name, address, and telephone number; and his insurance company would contact her
and pay her damages. The Accused admitted also that between about March 1999
and December 22, 2000, the Accused (a) did not investigate Mejia’s claim; (b) did
not contact the adverse party or the adverse party’s insurance carrier concerning
Mejia’s claim; (c) did not file a lawsuit concerning Mejia’s claim; (d) did not monitor
the statute of limitations as it concerned Meija’s claim; (e) did not request and obtain
an agreement to toll the statute of limitations; and (f) did not take other action to
protect, prepare, prosecute, or resolve Mejia’s claim.
A hearing was scheduled for August 25, 2003; however, due to an accident
which severely injured one of the Trial Panel, the hearing was postponed. The
hearing was ultimately held on March 15, 2004, in Pendleton, Oregon. Trial Panel
members included Mitchell P. Rogers, Carol DeHaven Skerjanec, and the
undersigned, Carl W. Hopp, Jr. The Bar was represented by Jane E. Angus, and the
Accused was represented by Jonel Ricker. The witnesses called by the Accused
included John Smallmon, Norma Rolland, Toni Emerson, and the Accused. The only
witness for the Bar was Mirna Mejia. The Bar offered Exhibits 1 through 12 and all
were received. There were no prehearing rulings that affected the disposition of the
case.
Finding of Fact
1. The following facts were proved to the Trial Panel by clear and
convincing evidence;
(A) The Oregon State Bar was created and exists by virtue of the laws of
the State of Oregon and is, and at all times mentioned herein was, authorized to carry
out the provisions of ORS Chapter 9, relating to the discipline of attorneys.
(B) The Accused, Stephen Trukositz, is, and at all times mentioned herein
was, an attorney at law, duly admitted by the Supreme Court of the State of Oregon
to practice law in this state and a member of the Oregon State Bar, having his office
and place of business in the Umatilla County, Oregon.
(C) On or about December 22,1998, Mirna L. Mejia (hereinafter “Mejia”)
was injured in a motor vehicle accident. On or about March 11, 1999, Mejia retained
the Accused to pursue her personal injury claim.
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