Friday, January 06, 2006

In re Meyer, a case in which the lawyer was too intoxicated to participate in a hearing

Scott Morrill writes in The Oregon State Bar Bulletin (66 Or. St. B. Bull. 23 (Oct. 2005)), to an audience primarily of lawyers:

From where I sit in the Client Assistance Office (CAO) all
lawyers are rude, obnoxious and discourteous boors who have nothing better to
do than to make life miserable for opposing parties and occasionally their own
clients. At least that is what I hear from callers on a daily basis. We lump this
conduct under the label of unprofessional behavior. While I know this is not
true, and I speak to lawyers all the time who are polite, respectful and
professional
, this poor reputation seems to prevail among people who make complaints and many people who have had little or no personal experience with lawyers.

Morrill writes: "Oregon RPC 3.3 generally requires a lawyer to be candid with
tribunals," including the duty "to inform the tribunal of all material facts in ex parte proceedings." but in Oregon it is all right for a lawyer to seek appointment, for a client, to personal administrator of an estate (an ex parte proceeding), without bond without mentioning that the client is a convicted felon or that there is a will being filed in a different state.

Morrill writes: "Oregon RPC 4.1 requires lawyers to be truthful in statements to others," but in Oregon it is all right for a lawyer to say he represents an Estate, when he doesn't, and it is all right for a lawyer to grab property outside of Oregon, even though he has no authority to do so.

Morrill mentions the case of In re Meyer, 328 Or S Ct No S46237, 13 DB Rptr 17 (1999), another case in which a lawyer was too intoxicated to participate in a hearing.

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