Reporter - Oregon State Bar

L
Cite as 5 DB R ~tr 49 (1991) 53
incorporated by reference herein, was filed by the Oregon State Bar on January
15, 1991. The Accused filed his answer on February 20, 1991. Subsequent to
the filing of the Answer, the Accused and the Oregon State Bar entered into a
discussion concerning a resolution of the Bar's charges without a hearing.
5.
Regarding the allegations contained in the Bar's formal complaint, the
Accused stipulates to the following:
a. The Accused was retained by Harriet Davies to sue Coleman Tebbs
and Associates, Inc., Thomas Coleman and Jack Tebbs to recover
monies which Davies and James A. Waltz invested in Coleman and
Tebbs' corporation. The representation commenced in October of
1987. While the Accused filed complaints on behalf of Davies and
Waltz in early 1988, thereafter, the Accused neglected both cases in
that:
(1) He failed to file proof of service with the court;
(2) He failed to take reasonable action on behalf of his clients to
ensure the timely completion of the litigation; and
(3) In February I989 when he learned that his clients' cases had
been dismissed by the court for failure to prosecute, he failed
to notify his clients and failed to take any action to get the
dismissals set aside.
b. In March 1989, client Davies retained Richard Kengla to handle the
case. In April, 1989 Kengla requested that the Accused render an
appropriate account regarding the Accused's use of Davies retainer.
c. The Accused failed to respond to those requests and while he
provided a response when he filed an answer to the Bar complaint in