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Disciplinary Board Reporter DISCIPLINARY BOARD REPORTER Report of Lawyer Discipline Cases Decided by the Disciplinary Board and by the Oregon Supreme Court for 2020 VOLUME 34 January 1, 2020, to December 31, 2020 PREFACE This Disciplinary Board Reporter (DB Reporter) contains final decisions of the Oregon Disciplinary Board, stipulations for discipline between accused lawyers and the OSB, summaries of 2020 decisions of the Oregon Supreme Court involving the discipline of lawyers, and related matters. Cases in this DB Reporter should be cited as 34 DB Rptr ___ (2020). In 2020, a decision of the Disciplinary Board was final if neither the Bar nor the Accused sought review of the decision by the Oregon Supreme Court. See Title 10 of the Bar Rules of Procedure (www.osbar.org, click on Rules Regulations and Policies) and ORS 9.536. The decisions printed in this DB Reporter have been reformatted and corrected for typographical errors, spelling errors, obvious grammatical or word usage errors, and citation errors, but no substantive changes have been made to them. Because of space restrictions, exhibits are not included but may be obtained by calling the Oregon State Bar. Those interested in a verbatim copy of an opinion should submit a public records request to the Public Records Coordinator at <https://tinyurl.com/osbar-publicrecords>. Final decisions of the Disciplinary Board issued on or after January 1, 2016, are also available at the Oregon State Bar Web site, www.osbar.org. Please note that the statutes, disciplinary rules, and rules of procedure cited in the opinions are those in existence when the opinions were issued. Care should be taken to locate the current language of a statute or rule sought to be relied on concerning a new matter. General questions concerning the Bar’s disciplinary process may be directed to me at extension 318. COURTNEY DIPPEL Disciplinary Counsel Oregon State Bar CONTENTS Oregon Supreme Court, Board of Governors, State Professional Responsibility Board ............................................................ iv Disciplinary Board 2021 ........................................................................................................... v 2020 .......................................................................................................... vi List of Cases Reported in This Volume ............................................................. vii Cases ............................................................................................................ 1–198 iii Justices of the Oregon Supreme Court Martha Lee Walters, Chief Justice Thomas A. Balmer Lynn R. Nakamoto Meagan A. Flynn Rebecca A. Duncan Adrienne C. Nelson Christopher L. Garrett 2021 Oregon State Bar Board of Governors Liani Reeves, Immediate Past-President David Wade, President Kamron Graham, President-Elect Colin Andries Chris Cauble Gabriel Chase Jenny Cooke Katherine Denning John Grant Bik-Na Han Joseph Hesbrook Ryan Hunt Matthew McKean Rob Milesnick Curtis Peterson Joseph Piucci Michael Rondeau David M. Rosen Tasha Winkler Helen Hierschbiel, Chief Executive Officer 2021 State Professional Responsibility Board Todd H. Grover, Chairperson Harry Michael Auerbach Joel C. Benton David L. Carlson Erin A. Fennerty Mary Moffit, Public Member Zena Polly, Public Member Joshua L. Ross Thanh H. Tran Lauren E. Walchli Curtis Peterson, BOG Contact iv 2021 DISCIPLINARY BOARD Adjudicator Amy Bilyeu Mark A. Turner David F. Doughman Ankur Doshi Region 1 Richard Josephson Ronald L. Roome, Chairperson Samuel Kauffman Elizabeth A. Dickson Christopher Kent W. Eugene Hallman Michael Thomas McGrath Paul Heatherman Jonathan Monson John Laherty Charles J. Paternoster Danielle Lordi S. Michael Rose Michael H. McGean Andrew Schpak Larry Lehman, Public Member Krista S. Stearns Region 2 Frank Weiss Hon. Frank R. Alley, Chairperson Trevor I. Briede, Public Member Bryan Boender JoAnn Jackson, Public Member Vanessa L. Crakes Charles H. Martin, Public Member Chas Horner James E. Parker, Public Member George A. McCully, Public Member Michael J. Patterson, Public Member Mitchell P. Rogers, Public Member Charlie Van Rossen, Public Member Region 3 Natasha Voloshina, Public Member Faith Marie Morse, Chairperson Region 6 Kelly Andersen John L. Barlow, Chairperson John E. Davis John T. Bagg Christine Kantas Herbert Robert C. McCann Marlene R. Yesquen Micah S. Moskowitz Burl A. Baker, Public Member Lorena M. Reynolds Thomas Pyle, Public Member Yvonne Ana Tamayo Region 4 Fadd E. Beyrouty, Public Member Hon. Jill A. Tanner, Chairperson Paul Gehlar, Public Member Erin K. Lufkin Gary Allen Kanz, Public Member Arnold S. Polk Sylvia Rasko, Public Member James Alfred Underwood Region 7 Sandra L. Frederiksen, Public Member Andrew M. Cole, Chairperson Karina M. Grigorian, Public Member Tom Kranovich Region 5 Kathleen J. Rastetter Susan T. Alterman, Chairperson Tawnya Stiles-Johnson Tinuade Adebolu Eugene L. Bentley, Public Member Jacqueline Lizeth Alarcon Cynthia V. Lopez, Public Member v 2020 DISCIPLINARY BOARD Adjudicator Susan T. Alterman Mark A. Turner Amy E. Bilyeu Duane A. Bosworth Region 1 Ronald L. Roome, Chairperson Rebecca Cambreleng Elizabeth A. Dickson David F. Doughman W. Eugene Hallman Richard C. Josephson Paul B. Heatherman Samuel C. Kauffman John E. Laherty Michael Thomas McGrath Danielle Lordi Charles J. Paternoster Michael H. McGean S. Michael Rose Steven P. Bjerke, Public Member Andrew M. Schpak Larry Lehman, Public Member Krista S. Stearns Ray J. Thomas, Public Member Hon. Jill A. Tanner Frank J. Weiss Region 2 Trevor I. Briede, Public Member Hon. Frank R. Alley, Chairperson Stephen D. Butler, Public Member Bryan Boender JoAnn Jackson, Public Member Vanessa L. Crakes Charles H. Martin, Public Member Chas Horner James E. Parker, Public Member George A. McCully, Public Member Michael J. Patterson, Public Member Mitchell P. Rogers, Public Member Charlie Van Rossen, Public Member Region 3 Natasha Voloshina, Public Member Faith Marie Morse, Chairperson Region 6 Kelly L. Andersen John L. Barlow, Chairperson John E. Davis John T. Bagg Christine Kantas Herbert James C. Edmonds Marlene R. Yesquen Robert C. McCann Burl A. Baker, Public Member Micah S. Moskowitz Thomas W. Pyle, Public Member Lorena M. Reynolds Region 4 Yvonne Ana Tamayo Matthew C. McKean, Chairperson Fadd E. Beyrouty, Public Member Marcia Buckley Paul Mark Gehlar, Public Member Erin K. Lufkin Gary Allen Kanz, Public Member Arnold S. Polk Sylvia Rasko, Public Member James Alfred Underwood Region 7 Sandra L. Frederiksen, Public Member Andrew M. Cole, Chairperson Karina M. Grigorian, Public Member Ankur Hasmukh Doshi Bryan F. Penn, Public Member Tom Kranovich Region 5 Tawnya Stiles-Johnson Craig A. Crispin, Chairperson Kathleen J. Rastetter Tinuade Adebolu Eugene L. Bentley, Public Member Jacqueline Lizeth Alarcon Cynthia V. Lopez, Public Member vi LIST OF CASES REPORTED Volume 34 DB Reporter (Includes summaries of Oregon Supreme Court stipulations and decisions that also appear in the Advance Sheets) In re Allen ....................................................................................................................................158 Violation of RPC 8.1(a)(2). Trial Panel Opinion. 6-month suspension. In re Berman ................................................................................................................................120 Violation of RPC 7.3(a), RPC 7.3(b), and RPC 7.3(c). Stipulation for Discipline. Public Reprimand. In re Brown ..................................................................................................................................144 Violation of RPC 1.15-1(d) and RPC 1.16(d). Stipulation for Discipline. Public reprimand. In re Burke ...................................................................................................................................106 Violation of RPC 8.4(a)(4). Stipulation for Discipline. Public reprimand. In re Carl......................................................................................................................................149 Violation of RPC 1.5(c)(3); RPC 1.7(a)(2), RPC 1.15-1(c); and RPC 1.16(d). Stipulation for Discipline. 60-day suspension. In re Cooper .................................................................................................................................170 Violation of RPC 1.15-1(b). Stipulation for discipline. Public reprimand. In re DeVore ..................................................................................................................................91 Violation of RPC 1.3, RPC 1.4(a), RPC 1.4(b), RPC 1.5(a), RPC 8.1(a)(2), RPC 8.4(a)(2), and RPC 8.4(a)(3). Trial Panel Opinion. Disbarment. In re Famulary ...............................................................................................................................85 Violation of RPC 3.3(a)(1) and RPC 8.4(a)(4). Stipulation for Discipline. 30-day suspension. vii In re Hammond ..............................................................................................................................15 Violation of RPC 1.5(a) and RPC 1.8(a). Stipulation for Discipline. 60-day suspension, all stayed, 2-year probation. In re Harris ....................................................................................................................................58 Alleged violation of RPC 5.5(a), RPC 5.5(b)(1) and (2), and ORS 9.160(1). Dismissed. In re Johnson................................................................................................................................165
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