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In re Disciplinary Proceeding Against Jeffrey M. Witteman6/4/1987
Facts of Case
In this lawyer discipline proceeding, the respondent Jeffrey M. Witteman was charged with seven acts of misconduct (counts 1 through 7). The hearing officer found that respondent had in fact committed these alleged violations and, based thereon and on respondent's prior disciplinary record (count 9), recommended disbarment. The Disciplinary Board unanimously agreed to strike two of these counts (counts 2 and 7) and by an 8 to 3 divided vote recommended that respondent be disbarred. We strike one additional count (count 1) and suspend respondent from the practice of law for 2 years, the maximum period of suspension authorized by the Rules for Lawyer Discipline.
The acts of misconduct which resulted in the commencement of this proceeding arose out of respondent's failure to pay a doctor's bill out of the settlement proceeds in a personal injury case and his mishandling of another personal injury case. A summary of these counts approved by the Disciplinary Board is as follows.
Count 1. Respondent was censured for failing to pay a treating doctor's bills out of settlement proceeds after promising the doctor in writing that "we will protect your interests in connection with [this matter], in the event any settlement is obtained through our office." RLD 1.1(i); CPR DR 1-102(A)(5). Respondent instead gave the proceeds to his client, who said she would pay the doctor, but she did not do so.
Counts 3-6. Respondent received a 90-day suspension for a series of violations in connection with a personal injury
case arising out of an automobile accident. In count 3, he failed to name the injured client's husband as a party plaintiff although requested by the clients to do so. RLD 1.1(i); CPR DR 6-101(A)(3); CPR DR 7-101(A)(2). In count 4, he failed to obtain valid service on the defendant (who was an Oregon resident) or to use all lawful means in an effort to serve the defendant, such as using the service by publication statute and the service on nonresident motorists statute. RLD 1.1(i); CPR DR 6-101(A)(1); CPR DR 6-101(A)(3); CPR DR 7-101(A)(2); CPR DR 7-101(A)(3). In count 5, after the statute of limitations had run and the client's case had been dismissed, or was subject to dismissal, respondent went through an elaborate charade to conceal this fact including misrepresenting the legal status of the case to his clients until they personally examined the court file and discovered that their case had been dismissed. RLD 1.1(i); CPR DR 1-102(A)(4). In count 6, he failed to file a brief as to why the case should not be dismissed after the trial court delayed ruling on a motion to dismiss pending receipt of same. RLD 1.1(i); CPR DR 6-101(A)(3).
Count 8. In addition, respondent was reprimanded for failing to provide information concerning the foregoing, though twice requested in writing by bar counsel to provide the information. Respondent later complied with a subpoena duces tecum to this same effect. RLD 1.1(j); RLD 2.8(a).
Count 9. As will be further discussed herein, respondent's prior disciplinary record is also pertinent to the disposition to be made in the present disciplinary proceeding. In accordance with RLD 4.12, the allegations in count 9 were proved at the hearing as follows:
1975 -- Letter of censure for neglect of a legal matter and misrepresentation of the status of a client matter.
1981 -- 30-day suspension for neglect, misrepresentation of the status of a client matter and for his criminal conviction for failu
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