Oregon Supreme Court
In Re Complaint as to the Conduct of Christopher Knute Skagen, Accused
December 21, 2006149 P.3d 1171
Summary
The court independently reviewed the disciplinary record and found clear and convincing evidence that the accused negligently mishandled client trust funds, failed to maintain required records and accounts, failed to maintain a compliant interest-bearing trust account, and intentionally obstructed the disciplinary investigation. It rejected the charges alleging dishonest billing and an excessive fee, and also rejected the accused's due process and discovery-sanction arguments. The court imposed a one-year suspension, replacing the trial panel's three-year suspension and probation.
Holding
- Failure to maintain client funds in the lawyer trust account. The accused violated the trust-account requirement because he negligently allowed the account balance to fall below the $75 that belonged to Anderson. Negligence was sufficient under the rule, and the later replacement of the money did not cure the violation.
- Trust-account records and accounting to the client. The accused violated the requirement to maintain complete records and render appropriate accounts because he kept track of client balances mentally, failed to maintain complete records of Anderson's cost advance, and never provided an accounting of those funds.
- Billing misrepresentation and dishonesty. The Bar did not prove that the accused knowingly made material misrepresentations or engaged in dishonest conduct through the Anderson billing statement.
- Illegal or clearly excessive fee. The accused did not violate the excessive-fee rule. Although an individual charge can be excessive even when the total bill is reasonable, the evidence did not establish that the disputed charges were clearly excessive.
- Proper identification and interest-bearing status of the trust account. The accused violated the requirements that the trust account be identified as a lawyer trust account and be interest-bearing, even though the bank caused the initial account defects.
- Cooperation with the disciplinary investigation and prejudice to the administration of justice. The accused intentionally violated the duty to respond fully and truthfully to disciplinary inquiries and engaged in conduct prejudicial to the administration of justice by making frivolous objections, refusing discovery, delaying production, disobeying a discovery order, and withholding requested records.
Docket OSB 03-64; SC S52940