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C:\Documents and Settings\Jared\Desktop\Dbrptr Vol white text DISCIPLINARY BOARD REPORTER ________________________________________ VOLUME 22 January 1, 2008, to December 31, 2008 ________________________________________ Report of Lawyer Discipline Cases Decided by the Disciplinary Board and by the Oregon Supreme Court for 2008 16037 S.W. Upper Boones Ferry Rd. Tigard, OR 97224 (503) 620-0222 or (800) 452-8260 (toll-free in Oregon), ext. 394 white text DISCIPLINARY BOARD REPORTER Report of Lawyer Discipline Cases Decided by the Disciplinary Board and Oregon Supreme Court for 2008 VOLUME 22 January 1, 2008, to December 31, 2008 white text 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 2008 decisions of the Oregon Supreme Court involving the discipline of lawyers, orders of reciprocal discipline imposed by the court, and related matters. Cases in this DB Reporter should be cited as 22 DB Rptr ___ (2008). In 2008, 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 (page 38 of the OSB 2008 Membership Directory or www.osbar.org, click on Rules, Regs & Policies) and ORS 9.536. The decisions printed in this DB Reporter have been reformatted and corrected for typographical errors, but no substantive changes have been made to them. Because of space restrictions, most exhibits are not included but may be obtained by calling the Oregon State Bar. Those interested in a verbatim copy of an opinion should contact the Public Records Coordinator at extension 394, 503-620-0222 or (800) 452-8260 (toll-free in Oregon). Final decisions of the Disciplinary Board issued on or after January 1, 2009, 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 319. JEFFREY D. SAPIRO Disciplinary Counsel Oregon State Bar white text CONTENTS Oregon Supreme Court, Board of Governors, State Professional Responsibility Board .............................iv Disciplinary Board 2009 .....................................................v 2008 .................................................... vi List of Cases Reported in This Volume .............................. vii Cases ......................................................1–356 Table of Cases ................................................ 357 Table of Rules and Statutes ..................................... 363 iii white text Justices of the Oregon Supreme Court Paul J. De Muniz, Chief Justice Thomas A. Balmer Robert D. Durham W. Michael Gillette Rives Kistler Martha Lee Walters Virginia L. Linder 2009 Oregon State Bar Board of Governors Gerry Gaydos, President Kathleen Evans, President-Elect S. Ward Greene, Vice President Theresa L. Wright, Vice President Robert L. Vieira Ann L. Fisher Kellie F. Johnson Karen J. Lord Gina Anne Johnnie Christopher H. Kent Audrey T. Matsumonji Stephen V. Piucci Barbara M. Dilaconi Mitzi M. Naucler Steve D. Larson Michelle Castano Garcia Teresa Schmid, Executive Director 2009 State Professional Responsibility Board Liz Fancher, Chair Peter R. Chamberlain Jonathan P. Hill, Public Member David W. Hittle William B. Kirby Jolie Krechman, Public Member James A. Marshall Martha J. Rodman Jana Toran iv white text 2009 DISCIPLINARY BOARD State Chair Region 5 Greg Skillman William B. Crow, Chair F. Gordon Allen State Chair-Elect Ronald W. Atwood Gilbert B. Feibleman Alan M. Bacharach (Public Member) Duane A. Bosworth Region 1 Anthony A. Buccino Carl W. Hopp Jr., Chair Lisanne Butterfiled John A. Berge Lisa M. Caldwell J. David Coughlin Nancy M. Cooper Paul B. Heatherman Howard I. Freedman (Public Member) Eric J. Nisley Gail C. Gengler (Public Member) Thomas J. Maresh (Public Member) David W. Green John G. McBee (Public Member) John L. Langslet William J. Olsen (Public Member) John Levine (Public Member) Ronald L. Roome Michael R. Levine Stanley Austin Merritt Linn (Public Member) Charles H. Martin (Public Member) Region 2 Patricia E. Martin (Public Member) Jack Gardner, Chair Charles J. Pasternoster James (Jerry) Casby John Rudoff (Public Member) Judy Giers Norman Wapnick Robert A. Miller Ulanda Watkins Mitchell P. Rogers Lee Wyatt Audun Sorensen (Public Member) Michael C. Zusman Mary Wagner Region 6 Region 3 Gilbert B. Feibleman, Chair R. Paul Frasier, Chair Walter A. Barnes Megan B. Annand James C. Edmonds Penny Lee Austin Llewellyn Fischer John L. Barlow Martin Johnson (Public Member) James R. Dole W. Bradford Jonasson Philip D. Paquin (Public Member) Joan J. LeBarron (Public Member) Thomas W. Pyle (Public Member) Richard M. Miller (Public Member) James D. Van Ness Region 4 Robert P. Welch (Public Member) William G. Blair, Chair Mary Kim Wood Loni J. Bramson (Public Member) Craig A. Crispin Deanna L. Franco Allen M. Gabel (Public Member) Colin D. Lamb Pamela E. Yee v white text 2008 DISCIPLINARY BOARD State Chair Region 5 Susan G. Bischoff William B. Crow, Chair F. Gordon Allen State Chair-Elect Ronald W. Atwood Greg Skillman Alan M. Bacharach (Public Member) C. Lane Borg Region 1 Anthony A. Buccino Carl W. Hopp Jr., Chair Lisanne Butterfiled John A. Berge Nancy Cooper William E. Flinn Howard I. Freedman (Public Member) Paul B. Heatherman Gail C. Gengler (Public Member) Darcy A. Kindschy David Green Thomas J. Maresh (Public Member) Stephen A. Kosokoff (Public Member) John G. McBee (Public Member) John L. Langslet William J. Olsen (Public Member) Milton C. Lankton Ronald L. Roome Michael R. Levine James R. Uerlings Charles H. Martin (Public Member) Patricia Martin (Public Member) Region 2 Charles J. Pasternoster Gregory E. Skillman, Chair Gerard P. Rowe James (Jerry) Casby John Rudoff (Public Member) Jack A. Gardner Harry L. Turtledove (Public Member) Mitchell P. Rogers (Public Member) Norman Wapnick Jens Schmidt Ulanda Watkins Audun (Dunny) Sorensen Lee Wyatt (Public Member) Michael C. Zusman Laurence E. Thorp Region 6 Region 3 Gilbert B. Feibleman, Chair R. Paul Frasier, Chair Walter A. Barnes Megan Annand James C. Edmonds Peggy Austin Llewellyn M. Fischer John L. Barlow Martin Johnson (Public Member) James R. Doyle W. Bradford Jonasson Philip Duane Paquin (Public Member) Joan J. LeBarron (Public Member) Thomas W. Pyle (Public Member) Richard M. Miller (Public Member) Irene Bustillos Taylor Region 4 James D. Van Ness Arnold S. Polk, Chair Robert P. Welch (Public Member) William G. Blair Mary Kim Wood Loni J. Bramson (Public Member) Craig A. Crispin Allen M. Gabel (Public Member) Colin D. Lamb Pamela E. Yee vi white text LIST OF CASES REPORTED Volume 22 DB Reporter (includes Oregon Supreme Court stipulations and decisions which also appear in the Advance Sheets) Page No. In re Angel ........................................................ 351 Violation of RPC 1.5(a), RPC 1.15-1(c), RPC 1.15-1(d), and RPC 1.16(d). Stipulation for Discipline. Public reprimand. In re Arneson...................................................... 331 Violation of RPC 1.15-1(d) and RPC 1.15-1(e). Trial Panel Opinion. Public reprimand, plus restitution. In re Arnold ........................................................ 13 Violation of RPC 8.4(a)(2). Stipulation for Discipline. Public reprimand. In re Aylworth...................................................... 77 Violation of RPC 3.5(b) and RPC 8.4(a)(4). Stipulation for Discipline. Public reprimand. In re Barton ....................................................... 266 Violation of DR 1-102(A)(2). Stipulation for Discipline. Public reprimand. In re Bertak ....................................................... 216 Violations of RPC 1.3, RPC 1.5(a), RPC 1.16(d), and RPC 8.4(a)(3). Trial Panel Opinion. Disbarment. In re Burke ........................................................ 118 Trial Panel Opinion. Dismissed. In re Burns ........................................................ 325 Violation of RPC 1.3, RPC 1.4(a), and RPC 1.16(d). Stipulation for Discipline. Public reprimand. vii white text In re Carstens ...................................................... 97 Violations of RPC 5.5(b)(2) and ORS 9.160. Stipulation for Discipline. Public reprimand. In re Chancellor .................................................... 27 Violations of RPC 1.7(a)(2), RPC 3.4(a), RPC 8.4(a)(2), RPC 8.4(a)(3), RPC 8.4(a)(4), and ORS 9.527(1). Stipulation for Discipline. One-year suspension. In re Clarke ....................................................... 320 Violations of DR 1-102(A)(3), DR 2-110(B)(2), DR 7-101(A)(2), DR 9-101(C)(3), RPC 1.7(a)(2), and RPC 1.16(a)(1). Stipulation for Discipline. 60-day suspension. In re Cobb ........................................................ 167 Supreme Court Opinion. Dismissed. In re Dang ......................................................... 91 Violation of 1-102(A)(3). Stipulation for Discipline. Public reprimand. In re Daniels ....................................................... 72 Violations of DR 5-101(A)(1); RPC 1.7(a)(2); DR 5-104(A); and RPC 1.8(a). Stipulation for Discipline. Public reprimand. In re DeBlasio ..................................................... 133 Violation of DR 6-101(A)/RPC 1.1,
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