In Re the Reciprocal Discipline of Lopez
252 P.3d 312
Or.2011Background
- Reciprocal discipline proceeding under BR 3.5; Lopez licensed in California and Oregon.
- California imposed a one-year suspension, stayed with 90 days actual suspension and one-year probation after stipulation.
- Oregon Bar notified Oregon of California discipline and urged a coextensive sanction; Lopez agreed with California’s sanction.
- Misconduct spans seven client matters and one advertising matter, including mismanagement of client funds, inadequate communication, and deceptive advertising.
- Aggravating factors include prior discipline, multiple offenses, pattern of misconduct, substantial experience, and targeting non-English-speaking clients; mitigating factor includes reciprocal imposition in another jurisdiction.
- This Court suspends Lopez in Oregon for nine months, commencing 60 days from the decision; no stay is imposed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Oregon should impose a sanction different from California’s | Bar and Lopez advocate coextensive sanction with California. | Lopez argues rehabilitation via California probation may be adequate. | Oregon may impose a different sanction if justified; here nine-month suspension appropriate. |
Key Cases Cited
- In re Page, 326 Or. 572 (1998) (court retains independent sanction authority in reciprocal discipline)
- In re Devers, 317 Or. 261 (1993) (illustrates comparing sanctions across jurisdictions)
- In re Snyder, 348 Or. 307 (2010) (30-day to 60-day suspension for single-fiber misconducts; consideration of aggravators)
- In re Knappenberger, 337 Or. 15 (2004) (suspension for multiple issues; aggravating factors emphasized)
- In re Eakin, 334 Or. 238 (2002) (recognizes substantial experience as an aggravating factor)
