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· 8/30/1988

In Re Complaint as to the Conduct of Phelps

Citations

  • 760 P.2d 1331
  • 306 Or. 508
  • 1988 Ore. LEXIS 527

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that the personal representative is the attorney’s client, when applying the ethical rule governing misappropriation of “client” funds
  • failing properly to deposit or maintain funds in a trust fund is a “strict liability” offense
  • discussing concept of “innocent conversion” of client money where, due to bad recordkeeping, etc., lawyer does not know that the money has not been earned
  • where an accused “steals funds from a client, the sanction is disbarment,” despite mitigating circumstances
  • lawyer disbarred for, inter alia, retaining attorney fees “although he had not obtained authorization from the court as required by ORS 116.183-(1)”
  • where an accused “steals funds from a client, the sanction is disbarment,” despite mitigating circumstances

Source: CourtListener parenthetical corpus (CC0).

Judges: Peterson, Lent, Linde, Carson, Jones, Gillette

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.