In re Complaint as to the Conduct of Purvis

781 P.2d 850, 308 Or. 451, 1989 Ore. LEXIS 538
CourtOregon Supreme Court
DecidedOctober 26, 1989
DocketOSB 87-54, 87-98, 87-113; SC S35032
StatusPublished
Cited by1 cases

This text of 781 P.2d 850 (In re Complaint as to the Conduct of Purvis) 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.

Bluebook
In re Complaint as to the Conduct of Purvis, 781 P.2d 850, 308 Or. 451, 1989 Ore. LEXIS 538 (Or. 1989).

Opinion

PER CURIAM

The Oregon State Bar initiated this proceeding against L. Charles Purvis by filing a formal complaint on July 26,1988, alleging nine causes of complaint. The accused failed to file an answer to the complaint. A Trial Panel of the Disciplinary Board heard the matter on February 23, 1989. The accused did not appear at the hearing. On May 9, 1989, the Trial Panel issued its Opinion and Disposition, finding the accused guilty of the alleged violations set forth in every cause of complaint. The Trial Panel unanimously determined that the accused should be disbarred from the practice of law.

The record in this proceeding was filed with the State Court Administrator on May 24,1989. The accused was given until July 14,1989, to file a petition and opening brief, which he failed to do. Pursuant to Bar Rule 10.5(c), the Bar filed its Petition and Opening Brief, urging the court to adopt the Opinion and Disposition of the Trial Panel. Review in this court is de novo. ORS 9.536(3); BR 10.6. We agree with the Opinion and Disposition of the Trial Panel.

We find that there is clear and convincing evidence that the accused violated each of the standards of professional conduct alleged by the Bar and conclude that the accused’s professional misconduct requires that he be disbarred from the practice of law.

FACTS

The allegations supporting the charges in the complaint arise out of three separate cases, referred to as Donaldson, Hunnell, and McCallister.

1. Donaldson

On December 19, 1986, Michael W. Donaldson retained the accused to pursue a dissolution decree modification concerning visitation rights. He paid the accused $100. Donaldson contacted the accused on numerous occasions between January 5 and March 25, 1987, seeking information on the status of the proceedings. On the occasions that Donaldson was able to discuss the case with the accused, the accused represented that the “paperwork was in the mail.” The accused advised Donaldson that he contacted Donaldson’s ex-wife or her lawyer and was serving Donaldson with [454]*454the modification papers. When interviewed, Donaldson’s ex-wife stated that the accused never contacted her and that she did not receive any dissolution decree modification documents. Donaldson never received a copy of any proposed modification to his dissolution decree or any correspondence from the accused. The accused did not file a motion to modify the decree of dissolution relative to child visitation.

On March 25,1987, Donaldson requested his files and a refund of the unused portion of his retainer. Donaldson told the accused that he could keep $25 of the fee for the few services that were rendered, and that he would accept a $75 refund. The accused agreed to refund the money and advised Donaldson that he would mail both the files and the money. This was the last time Donaldson ever heard from the accused — Donaldson never received any of his money or files.

Donaldson filed a complaint with the Bar on April 7, 1987, alleging the above-stated misconduct. The Bar sent the accused a letter on April 13,1987, enclosing Donaldson’s complaint and requesting a response by May 4,1987. The accused did not reply. The Bar referred this matter to the Clatsop/ Columbia/Tillamook County Local Professional Responsibility Committee (LPRC) on May 12, 1987. The accused was notified by certified mail of the LPRC referral. “Chuck Purvis” signed the return receipt on May 13, 1987.

On May 18, 1987, an LPRC investigator sent the accused a letter requesting certain information and a response to Donaldson’s complaint. The letter was received by the accused on May 27, 1987. The accused telephoned an LPRC investigator on June 2, 1987, and informed him that a “written response was in the mail.” The accused, however, did not submit a response to the LPRC or Bar inquiries.

On July 26, 1988, a formal complaint was filed against the accused alleging violations of former DR 1-102(A)(4) (current DR 1-102(A)(3)) (misconduct); former DR 6-101(A)(3) (current DR 6-101(B)) (neglect); DR 9-101(B)(4) (return of client funds and property); DR 1-103(C) (disclosure); and ORS 9.527(4) and (6). (See appendix for text of statute and current disciplinary rules.) The accused was served with a notice to answer. The accused failed to answer, and the Trial Panel found the accused in default.

[455]*4552. Hunnell

In the fall of 1985, Jonathan F. Hunnell consulted the accused concerning a property foreclosure. The accused advised Hunnell to file for bankruptcy. On April 25, 1986, Hunnell signed prepared bankruptcy papers and paid the accused the requested $65 filing fee. At that time, the accused told Hunnell that he would file the bankruptcy petition that very day. Thus, Hunnell believed that the accused filed his bankruptcy petition on the day he paid the filing fee. Between April and October of 1986, Hunnell did not receive any information from the accused regarding his bankruptcy, but he assumed that the accused was doing everything necessary.

In October 1986, a creditor informed Hunnell that his bankruptcy case had not been filed. Hunnell telephoned the accused, and the accused admitted that he had not filed the bankruptcy petition.

On December 15,1986, Hunnell and his ex-wife, Toni Denfield, met with the accused to review and revise a draft of the bankruptcy petition. All agreed that Denfield’s name would be included in the revised bankruptcy papers. The accused represented that as soon as the forms were completed, he would send them to Denfield for her signature. The accused did not prepare or file such documents.

Hunnell sent the accused a letter on July 10, 1987, demanding that the accused either refund the $65 filing fee and return the file he had provided or send proof that the matter had been prepared and filed. Hunnell never received a response from the accused, nor did he receive any money or property back. In the same letter, Hunnell notified the accused that he intended to file a complaint with the Bar.

On August 10, 1987, Hunnell filed a complaint with the Bar. On August 17,1987, the Bar sent the accused a letter, enclosing the Hunnell complaint and requesting a response by September 7, 1987. On October 12, 1987, the Bar sent a certified letter to the accused informing him that he had responsibilities under DR 1-103(C), that his case had been referred out to the LPRC, and that he should cooperate with the LPRC investigation. This letter was returned to the Bar unclaimed. On October 29,1987, an LPRC investigator sent the accused a letter requesting a response to the investigation, which was [456]*456received by the accused on October 30, 1987. The accused never responded to the Bar or the LPRC investigator in this matter.

On July 26, 1988, a formal complaint was filed against the accused alleging violations of former DR 1-102(A)(4) (current DR 1-102(A)(3)); former DR 6-101(A)(3) (current DR 6-101(B)); DR 9-101(B)(4); DR 1-103(C); and ORS 9.527(4) and (6). The accused was served with a notice to answer the complaint. The accused failed to answer, and the Trial Panel found the accused in default.

3.

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Related

In Re Complaint as to the Conduct of Morin
878 P.2d 393 (Oregon Supreme Court, 1994)

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Bluebook (online)
781 P.2d 850, 308 Or. 451, 1989 Ore. LEXIS 538, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-complaint-as-to-the-conduct-of-purvis-or-1989.