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In re Huffman5/27/1999
client, and not by self-interest. This case is closer to Brown because, in both cases, the lawyer "intentionally abuse the lawyer-client relationship for his own benefit." 326 Or at 605-06. Brown is distinguishable, however, because, in that case, the lawyer engaged in an extended course of conduct in which his interests were in conflict with those of his clients. In this case, by contrast, the accused committed only one act -- writing the December 10, 1993, letter -- that the Bar has proved violated two disciplinary rules. Furthermore, in Brown, the accused was found to have violated four disciplinary rules in the course of misleading clients over an extended period of time. The accused here violated two rules in a single transaction involving the breach of client secrets and a threat of prosecution. In Brown, no mitigating factors existed, while here, the accused has no prior disciplinary record.
Although the accused's violations stem from a single act, that act involved a serious breach of the duty of the accused to his client and to the legal system. The accused acted intentionally and was motivated by self-interest. He shows no appreciation of the wrongfulness of his acts. However, in light of our prior cases and of the absence of a prior disciplinary record, we determine that it is not appropriate to disbar the accused. See Schaffner, 323 Or at 480 ("The mitigating factors do not outweigh the aggravating factors, even though lack of a prior disciplinary record is a strong mitigating factor."). The Bar requests that the accused be suspended for two years. That sanction is in accord with our precedents. Accordingly, we conclude that the accused be suspended from the practice of law for a period of two years.
The accused shall be suspended from the practice of law for a period of two years, commencing 60 days from the filing of this decision.
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