Monday, September 27, 2010

Cumulative Inaction Results In Reprimand

An attorney who had failed to properly pursue an estate matter has been publicly reprimanded by the Oregon Supreme Court:

...By failing repeatedly to appear in court for scheduled hearings, and by failing to file an inventory or an accounting, the accused unreasonably prolonged the conservatorship proceeding.  As in Gresham, the accused's inaction created an unnecessary burden on court resources.  At the trial panel hearing, the trial court judge testified that the accused's failure to advance the conservatorship proceedings affected the court's procedural efficiency and impaired the court's ability to supervise the conservatorship and protect [his client].  In addition, the accused's inaction harmed the substantive interests of his client and her husband.  Because of the accused's continued failure to file an inventory and final accounting, the court removed [the wife] as conservator and the accused as attorney.  As a result, the conservatorship estate incurred unexpected attorney fees.  We conclude that the accused's cumulative inaction during the course of the conservatorship proceeding prejudiced the administration of justice...

The accused is publicly reprimanded.

The court also addresses the procedures applicable when the attorney does not appeal to the Court. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2010/09/an-attorney-who-had-failed-to-properly-pursue-an-estate-matter-has-been-publicly-reprimanded-by-the-oregon-supreme-court.html

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