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In re Huffman5/27/1999
Accused.
On review of the decision of a trial panel of the Disciplinary Board.
Argued and submitted January 5, 1998.
Bruce E. Huffman, Nevada, argued the cause and filed the briefs in propria persona. Mary A. Cooper, Assistant Disciplinary Counsel, Lake Oswego, argued the cause and filed the brief for the Oregon State Bar.
The accused is suspended from the practice of law for a period of two years, commencing 60 days from the filing of this decision.
*Fadeley, J., retired January 31, 1998, and did not participate in this decision; Graber, J., resigned March 31, 1998, and did not participate in this decision.
The Oregon State Bar (Bar) filed a disciplinary complaint against the accused, stating three causes of complaint. The first cause alleged that the accused obtained default judgments against a former client regarding unpaid attorney fees and costs, refused to set aside the judgments after notice of the client's bankruptcy , and disclosed client confidences or secrets in a letter dated December 10, 1993, to the client's new attorney. The Bar alleged that the accused's conduct, described in the first cause of complaint, violated Code of Professional Responsibility Disciplinary Rule (DR) 1-102(A)(4) (prohibiting conduct prejudicial to the administration of Justice), DR 7-102(A)(1) (prohibiting a lawyer from taking legal action if the lawyer knows or when it is obvious that such action merely would serve to harass or maliciously injure another), and DR 7-102(A)(2) (prohibiting a lawyer from knowingly advancing an unwarranted claim or defense). The second cause of complaint alleged that the accused's December 10, 1993, letter threatened to present criminal charges to obtain an advantage in a civil matter in violation of DR 7-105(A) (a lawyer may not threaten to press criminal charges to obtain advantage in a civil matter). The third cause of complaint alleged that, by sending the December 10, 1993, letter and in testifying at a hearing regarding his default judgments, the accused knowingly revealed client confidences or secrets, or used client confidences or secrets to the disadvantage of his client or for his own advantage, in violation of DR 4-101(B) (a lawyer may not knowingly reveal or misuse client confidences or secrets).
A trial panel of the Disciplinary Board sustained the second and third causes of complaint, concluding that the accused had violated DR 7-105(A) and DR 4-101(B). The panel imposed a 120-day suspension. Our review of that sanction is automatic. ORS 9.536(2) (1995) (Supreme Court shall review matters in which panel imposes a suspension of longer than 60 days).
This court reviews the record de novo. ORS 9.536(2) and (3); BR 10.6. The Bar has the burden of establishing alleged misconduct by clear and convincing evidence. BR 5.2. As did the trial panel, we sustain the second and third causes of complaint and conclude that the accused violated DR 7-105(A) and DR 4-101(B). We suspend the accused for two years, commencing 60 days from the date of filing of this decision.
We find the following facts. The accused was licensed to practice law in Oregon in 1980. He practiced law primarily in the Klamath Falls area. The accused represented DeMendoza in various legal matters, including a property transaction, a personal injury claim, a tax dispute, and a case in which government agents seized guns owned by DeMendoza. On August 22, 1990, during their ongoing lawyer-client relationship, the accused and DeMendoza entered into a written retainer agreement relating to an unspecified criminal matter. The accused worked on that matter and periodically billed DeMendoza. On May 2, 1991, the accus
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