In Re Complaint as to the Conduct of Odman
This text of 964 P.2d 1007 (In Re Complaint as to the Conduct of Odman) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In this disciplinary proceeding, the Oregon State Bar (Bar) alleges that the accused violated DR 5-105(E) (prohibiting multiple client representation that results in a likely conflict of interest unless the clients consent after full disclosure) and DR 6-101(A) (requiring competent representation) in the course of creating a revocable trust. Following a hearing, the trial panel of the Disciplinary Board filed its written decision concluding that the accused was not guilty of the alleged misconduct. ORS 9.536(1); BR 10.1. The Bar seeks review and asks the court to reject the trial panel’s decision and to impose a sanction.
This court reviews the matter de novo on the record. ORS 9.536(3); BR 10.6. The Bar has the burden of establishing misconduct by clear and convincing evidence. BR 5.2.
This court has reviewed the record and has considered the arguments of the parties. The court concludes that the Bar has not proved, by clear and convincing evidence, that the accused committed the alleged disciplinary rule violations. A detailed explanation of the basis for the court’s conclusion would not serve the interests of the parties or the public.
Complaint dismissed.
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Cite This Page — Counsel Stack
964 P.2d 1007, 327 Or. 522, 1998 Ore. LEXIS 750, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-complaint-as-to-the-conduct-of-odman-or-1998.