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In re Complaint as to the Conduct of Parker8/17/2000
En Banc
On review of the decision of a trial panel of the Disciplinary Board.
Argued and submitted November 10, 1999.
PER CURIAM
The accused is suspended from the practice of law for a period of four years, commencing 60 days from the date of filing of this decision.
In this lawyer disciplinary proceeding, the Oregon State Bar (Bar) filed an amended complaint against William M. Parker (the accused), charging him with violating the Code of Professional Responsibility, Disciplinary Rule (DR) 1-102(A)(3) (prohibiting conduct involving dishonesty, fraud, deceit, or misrepresentation), DR 1-102(A)(4) (prohibiting conduct prejudicial to administration of justice), DR 1-103(C) (four counts) (requiring cooperation with disciplinary investigation), DR 2-110(A) (prohibiting withdrawal unless lawyer takes steps to avoid foreseeable prejudice to client), DR 6-101(B) (four counts) (prohibiting neglect of legal matter), DR 7-101(A)(2) (three counts) (prohibiting failure to carry out contract of employment), and DR 9-101(C)(4) (requiring prompt payment or delivery of client's property or money).
The accused filed no answer and made no other appearance. A trial panel of the Disciplinary Board entered an order of default. Accordingly, we deem the Bar's allegations to be true. See In re Bourcier, 325 Or 429, 431, 939 P2d 604 (1997) (Bourcier II) (so stating under similar circumstances).
Following entry of the order of default, the two-member trial panel held a hearing on the issue of sanction. Bar Rule of Procedure (BR) 5.8(a). At that hearing, a number of witnesses testified, including several of the accused's former clients and a lawyer involved in the investigation of the accused on behalf of a Local Professional Responsibility Committee (LPRC). The trial panel imposed on the accused a five-year suspension from the practice of law. In this court, the accused argues for no more than a two-year suspension. The Bar argues for a five-year suspension. For the reasons that follow, we conclude that a four-year suspension is the appropriate sanction.
At the outset, we note that the accused acknowledges that, with one exception, he committed the charged violations. We therefore limit our recitation of the facts to those that provide a context for our determination of the appropriate sanction.
The accused's misconduct arose out of his neglect of his law practice between February 1997 and May 1998. Due to his involvement in an out-of-state business, the accused was absent from his Portland law office for days and weeks at a time. He repeatedly failed to respond to his clients' messages and failed to take appropriate action on their behalves. For example, the accused failed to prepare for trial and to communicate with his client in a case in which his client was the plaintiff. Ultimately, the accused agreed to dismiss the case with prejudice without consulting his client. In another case, a client had retained the accused to pursue a personal injury claim on behalf of the client's 12-year-old daughter. Because the accused failed actively to pursue her case, that client eventually terminated the accused's employment, after experiencing mental anguish. She then retained a new lawyer and asked for her client file, but the accused did not respond to that request. In a third case, the accused's client settled with the opposing party while the case was pending before the Court of Appeals. The accused, however, failed to execute settlement documents that the opposing lawyer sent to him for signature. Ultimately, the opposing lawyer had to procure an order from the Court of Appeals requiring the accused to execute the documents.
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