This post reviews the 2011 Oregon Supreme Court disciplinary actions against Oregon attorneys. Ultimately, the Oregon Supreme Court sets the standard of care for Oregon attorneys. Attorneys who breach the standard of care and hurt their clients may be liable for legal malpractice.
The process starts with the Oregon State Bar, which disciplines attorneys it finds guilty of unethical conduct. Penalties range from a reprimand to disbarment. Attorneys may appeal to the Oregon Supreme Court, which ruled on only six attorney-conduct cases in 2011, finding three lawyers guilty of misconduct. It disbarred another based on conduct in Hawai'i. Also, the court accepted 5 "Form B" offers to resign and rejected one offer, disbarring the attorney, instead. A Form B resignation means that the lawyer is finished forever, with practicing law in Oregon. Some lawyers use Form B resignations instead of fighting disciplinary proceedings.
The court suspended Jason D. Castanza for 60 days. The Oregon State Bar found that Attorney Castanza quit on two clients in a civil action without protecting their interests by (1) allowing them enough time to employ another attorney, (2) asking the court to postpone trial, (3) filing a proper notice of withdrawal, (4) responding to a motion to dismiss, (5) responding to the general judgment and cost bill, or even letting his clients know about the judgment.
The court disbarred Randy R. Richardson, who the Oregon State Bar found had engaged in illegal conduct, failed to provide competent representation and broke conflict-of-interest rules. Attorney Richardson assisted a man obtain real estate from the man's aunt by means of fraud and deception.
The court disbarred Steven B. Johnson after the Hawai'i disbarred him for failing to disclose, during his application for the Hawai'i bar, prior Oregon complaints against him and then not being truthful about it.
The court disbarred John H. Oh, who was accused of 52 violations of the rules of professional conduct involving 12 different clients in immigration matters. Although Mr. Oh appealed the State Bar's recommendation, he never filed a brief with the court. He tried to resign, instead. But the court disbarred him.
By contrast, the Oregon Supreme Court accepted 5 Form B resignations from other attorneys. Here's the rundown of Form B resignations, as reported in the Oregon Bar Bulletin in 2011:
Derrick McGavic resigned while the Bar pursued allegations in two cases, including that he engaged in conduct prejudicial to the administration of just ice in a collections case.
Meg Reinhold resigned after she was charged with multiple violations, including trust account irregularities and criminal conduct reflecting adversely on honesty, trustworthiness or fitness.
G. Victor Tiscornia II resigned after the Bar charged him with violations that included alleged mishandling of a minor client's funds entrusted to him.
Thomas K. Okai submitted his Form B resignation after being charged with a few things, including filing to promptly notify client of funds and conduct involving dishonest, fraud, deceit or misrepresentation.
Anthony Robert Lopez resigned after being charged with not disclosing information on his application for admission to Oregon's bar and failing to report disciplinary complaints from another jurisdiction. His primary place of business was California.
I receive many calls from disgruntled people who are unhappy with their lawyers and former lawyers. The Castanza scenario, involving attorneys who quit their clients too late in the process, comes up repeatedly. It happens in criminal cases, too, as I discussed with the Drollinger legal malpractice opinion. Although it is perfectly appropriate to part ways with a client, the attorney must do so in a way that minimizes the potential harm to the client. Good lawyers will investigate a case promptly and reevaluate the case as they obtain new information. The best policy for lawyers is to make the decision -- "fish or cut bait" -- as soon as possible.
Jeff Merrick, Oregon Trial Attorney
Legal Malpractice, Personal Injury & Employment Law
503-665-4234
