Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
15 Oregon opinions name it 2 courts 1981–2019 0 in the last five years
The cases below were cited by Oregon courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
In Re Complaint as to the Conduct of Paulsongreen2 sentences2012As this court has noted, “[N]ot every negligent or unprofessional act, no matter how misguided, boorish, or rude, gives rise to an ethical violation.” In re Paulson, 341 Or 13, 27 , 136 P3d 1087 (2006). 2012As this court has noted, “[N]ot every negligent or unprofessional act, no matter how misguided, boorish, or rude, gives rise to an ethical violation.” In re Paulson, 341 Or 13, 27 , 136 P3d 1087 (2006). | 1 | 2 |
In Re Complaint as to the Conduct of Parkergreen2 sentences2019See also In re Parker, 330 Or 541, 551 , 9 P3d 107 (2000) (failure to cooperate, stand- ing alone, is a serious ethical violation). 2019See also In re Parker, 330 Or 541, 551 , 9 P3d 107 (2000) (failure to cooperate, stand- ing alone, is a serious ethical violation). | 1 | 1 |
State v. Edwardsgreen1 sentence2005Cf. Edwards, 132 Or App at 593 (holding that an intimate relationship between a defense investigator and a state witness did not constitute an ethical violation as to defense counsel). | 1 | 1 |
In Re Complaint as to the Conduct of Phelpsgreen2 sentences1999See In re Phelps, 306 Or 508, 517 , 760 P2d 1331 (1988) (recognizing that the personal representative is the attorney’s client, when applying the ethical rule governing misappropriation of “client” funds); see also ORS 128.009(3)(x) (granting a trustee the power to employ an attorney “to advise or assist the trustee in the performance of administrative duties”). 3 We agree with the Bar’s position and find the rationale persuasive. 1999See In re Phelps, 306 Or 508, 517 , 760 P2d 1331 (1988) (recognizing that the personal representative is the attorney’s client, when applying the ethical rule governing misappropriation of “client” funds); see also ORS 128.009(3)(x) (granting a trustee the power to employ an attorney “to advise or assist the trustee in the performance of administrative duties”). 3 We agree with the Bar’s position and find the rationale persuasive. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In Re Complaint as to the Conduct of Miles
green
2 sentences2000See, e.g., Bourcier II, 325 Or at 434 (so stating); In re Miles, 324 Or 218, 222-23 , 923 P2d 1219 (1996) (same). 2000See, e.g., Bourcier II, 325 Or at 434 (so stating); In re Miles, 324 Or 218, 222-23 , 923 P2d 1219 (1996) (same). | 3 | 1997–2000 |
Villanueva v. Board of Psychologist Examiners
green
2 sentences2018Id . at 353, 27 P.3d 1100 . 2002We held that the Board’s notice did not comply with ORS 183.415(2)(c), which requires that the notice include “[a] reference to the particular sections of the statutes and rules involved.” Villanueva, 175 Or App at 356 . | 2 | 2002–2018 |
In Re Complaint as to the Conduct of Balocca
green
2 sentences2018Cf. In re Balocca , 342 Or 279 , 292-93, 151 P.3d 154 (2007) (holding that a lawyer violated a former ethical rule requiring the lawyer to refund unearned fees because clear and convincing evidence established that the parties had entered into a flat-fee agreement and that the lawyer had not done all the agreement required to earn the fee). 5 The Bar did not satisfy that burden. 2018Cf. In re Balocca , 342 Or 279 , 292-93, 151 P.3d 154 (2007) (holding that a lawyer violated a former ethical rule requiring the lawyer to refund unearned fees because clear and convincing evidence established that the parties had entered into a flat-fee agreement and that the lawyer had not done all the agreement required to earn the fee). 5 The Bar did not satisfy that burden. | 1 | 2018–2018 |
King v. State Bar
green
1 sentence2011Under California law, a lawyer need not know that his or her conduct violates a specific ethical standard for it to be “willful.” King, 801 P2d at 423 . | 1 | 2011–2011 |
In Re Complaint as to the Conduct of Ainsworth
green
2 sentences2010We also note that, although disciplinary panel opinions may be persuasive, they have no precedential value in this court. 6 The accused cites a prior opinion of this court, In re Ainsworth, 289 Or 479 , 614 P2d 1127 (1980), for the proposition that this court “should simply let its opinion stand without sanction.” However, unlike in this case where we find specifically that the accused violated an ethical rule, in Ainsworth , we declined to specifically determine whether the accused had committed an ethical violation and dismissed the complaint. 2010We also note that, although disciplinary panel opinions may be persuasive, they have no precedential value in this court. 6 The accused cites a prior opinion of this court, In re Ainsworth, 289 Or 479 , 614 P2d 1127 (1980), for the proposition that this court “should simply let its opinion stand without sanction.” However, unlike in this case where we find specifically that the accused violated an ethical rule, in Ainsworth , we declined to specifically determine whether the accused had committed an ethical violation and dismissed the complaint. | 1 | 2010–2010 |
In Re Complaint as to the Conduct of Schenck
green
1 sentence1998Ibid. 7 Because of the result that we reach in this case, we need not and do not discuss the accused’s counterclaim for attorney fees in the event that he were to prevail. 8 Cases that we have found from other jurisdictions are not sufficiently analogous to provide guidance as to the appropriate sanction in this case. | 1 | 1998–1998 |
In Re Bourcier
green
1 sentence1998Bourcier II, 325 Or at 434 , citing Miles, 324 Or at 222 . 2. | 1 | 1998–1998 |
In Re Complaints as to the Conduct of Williams
green
2 sentences1997In re Williams, 314 Or 530, 547 , 840 P2d 1280 (1992). 1997In re Williams, 314 Or 530, 547 , 840 P2d 1280 (1992). | 1 | 1997–1997 |
State v. Jones
green
2 sentences1981Even were the court inclined to enforce an ethical standard as we would a rule of constitutional law, cf. State v. Jones, 279 Or 55, 60 , 566 P2d 867 (1977), there is no enforceable ethical standard violated by the prosecutor’s conduct in this case. 1981Even were the court inclined to enforce an ethical standard as we would a rule of constitutional law, cf. State v. Jones, 279 Or 55, 60 , 566 P2d 867 (1977), there is no enforceable ethical standard violated by the prosecutor’s conduct in this case. | 1 | 1981–1981 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.