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In re Complaint as to the Conduct of Eadie12/6/2001
re and return a proper summons and failed to communicate with his client. In a criminal matter, the lawyer was incompetent in conducting his investigation of exculpatory evidence on behalf of his client and subsequently trying the case "by the seat of his pants." Id. at 678. In a third matter, the lawyer knowingly made a false statement of fact when he represented to an accident victim that he was an insurance agent. Id. at 680-81. When Chambers was decided, the maximum suspension possible short of disbarrment was three years. See BR 6.1(a)(iii) (three-year suspension maximum length for proceedings commenced before January 1, 1996). This court held that a two-year suspension was the appropriate sanction. Chambers, 292 Or at 682.
In this proceeding, the Bar, like the trial panel, asserts that disbarrment is required to protect the public and the integrity of the profession. However, this court's case law does not support disbarrment for the accused's misconduct, although it does support a lengthy suspension.
The accused's conduct is more egregious than the conduct in Chambers. The accused acted dishonestly in submitting a default judgment after settling the dispute with Burke. The accused intentionally misrepresented to the trial judge that the judge had ordered a change in the pretrial conference and trial dates in the Collins matter. The accused intentionally sought to impugn the integrity of opposing counsel in the Collins matter when he claimed that opposing counsel had made no effort to notify him of a hearing to quash the subpoena that he had served on a Safeco employee. The accused deliberately and repeatedly injected the issue of insurance into a trial to prejudice the jury in favor of his client, Cassady. The trial judge found the accused's representation of Cassady to have been the worst performance he had seen as a trial judge, resulting in prejudice to Cassady's interests. The accused's failure to assure that evidence was presented to defeat the motions for summary judgment in the Martin matter also damaged his client.
The foregoing examples, taken together, reveal a disturbing pattern of a lawyer who disrupts the functioning of the legal system and the interests of parties in that system through a combination of intentional and negligent misconduct. Considering together the ABA Standards, the aggravating factors, and this court's case law, we conclude that a three-year suspension from the practice of law is the appropriate sanction.
Requiring the accused to show the requisite character and fitness to practice law for readmission under BR 8.1(a)(iv) following that suspension will protect the public and the integrity of the profession.
The accused is suspended for three years, effective 60 days from the date of the filing of this decision.
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