Oregon Supreme Court

In Re Complaint as to the Conduct of Allan F. Knappenberger, Accused

May 20, 2004337 Or. 15

Summary

On de novo review, the Oregon Supreme Court upheld findings that the accused violated the conflict-of-interest rule in the Mura matter and neglected the Loitz matter, but rejected both alleged violations arising from the Bridge matter. The court concluded that the Bar had not proved a course of neglect in the Bridge representation or shown that the accused's error created a reasonably likely impairment of professional judgment requiring disclosure and consent. The court imposed a 90-day suspension and rejected probation and the trial panel's conditions.

Holding

  • DR 5-101(A) violation in the Mura matter. The accused violated DR 5-101(A), as he conceded, by continuing the representation despite a conflict arising from his own missed filing deadline and failing to make the required full disclosure.
  • DR 6-101(B) violation in the Loitz matter. The accused violated DR 6-101(B) by engaging in a course of neglectful conduct over several months.
  • DR 6-101(B) violation in the Bridge matter. The accused did not violate DR 6-101(B) in the Bridge matter because the Bar failed to prove by clear and convincing evidence a course of neglectful conduct.
  • DR 5-101(A) violation in the Bridge matter. The accused did not violate DR 5-101(A) because the Bar failed to prove that his service-of-process error and potential malpractice liability would or reasonably might affect his professional judgment.

Docket OSB 01-9, 01-121, 01-122; SC S49996

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