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In re Complaint as to the Conduct of Eadie12/6/2001
r the prior offense before engaging in the misconduct at issue in the present case. In re Jones, 326 Or 195, 200, 951 P2d 149 (1997). Applying those considerations, we conclude that the accused's prior offense deserves little weight as an aggravating factor in this proceeding. His record of discipline is limited to one instance of misconduct for which he received only a public reprimand. That sanction regarded a matter that is not similar to the misconduct at issue here, and the misconduct occurred several years ago. We turn to other aggravating circumstances.
The accused has engaged in misconduct involving four different client matters. In three of those matters, the accused committed multiple ethical violations. ABA Standard 9.22(d). The accused has failed to acknowledge the wrongful nature of any of his misconduct. ABA Standard 9.22(g). The accused has substantial experience in the practice of law, having been admitted to the bar in 1987. ABA Standard 9.22(i).
Mitigating circumstances are "any considerations or factors that may justify a reduction in the degree of discipline to be imposed." ABA Standard 9.31. The only mitigating factor here is that the accused cooperated with the Bar during its initial investigation. ABA Standard 9.32(e).
C. Oregon Cases
In past cases, when this court has found misrepresentation in addition to other misconduct, the court has imposed lengthy suspensions or disbarrment. See In re Gallagher, 332 Or 173, 190, 26 P3d 131 (2001) (two-year suspension for two misrepresentations plus other misconduct); In re Wyllie, 327 Or 175, 184, 957 P2d 1222 (1998) (two-year suspension for submitting false MCLE forms and failing to cooperate with investigation); In re Recker, 309 Or 633, 641, 789 P2d 663 (1990) (two-year suspension for misrepresentation to court plus other disciplinary rule violations). However, multiple misrepresentations to courts, the Bar, or clients, combined with other serious ethical violations, has led to disbarrment. For example, this court disbarred a lawyer who notarized false documents and made misrepresentations to clients in an unlawful living trust scheme. In re Morin, 319 Or 547, 566, 878 P2d 393 (1994). The accused in that proceeding also failed to respond truthfully to the Bar's inquiries during its investigation. Id. at 564. This court also disbarred a lawyer who filed a false affidavit with a probate court, committed a misdemeanor, and violated several other disciplinary rules. In re Hawkins, 305 Or 319, 326, 751 P2d 780 (1988). Further, this court disbarred a lawyer who, among other things, made multiple misrepresentations to clients and court staff, represented a client incompetently, and neglected a legal matter. Spies, 316 Or at 541. However, the lawyer's conduct in that proceeding was part of a downward personal spiral of "increasingly irresponsible" conduct. Id. at 540. Other situations in which this court has disbarred a lawyer have involved serious misconduct on the heels of an already lengthy record of disciplinary violations. See, e.g., In re Miller, 310 Or 731, 739, 801 P2d 814 (1990) (multiple misrepresentations, excessive fee, lengthy disciplinary record).
In this proceeding, the accused not only made misrepresentations in the Burke and Collins matters, he provided incompetent representation in the Cassady and Martin matters. We note that, in Spies, misrepresentation and incompetence played a significant role in the decision to disbar the lawyer. Spies, 316 Or at 540. However, in the case that is most similar factually to this case, this court imposed a lengthy suspension rather than disbarring the lawyer. In In re Chambers, 292 Or 670, 642 P2d 286 (1982), the lawyer negligently failed to prepa
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