In re Complaint as to the Conduct of William Redden, 342 Or. 393

Summary

The Oregon Supreme Court reviewed a lawyer disciplinary proceeding involving William Redden's admitted neglect of a client's legal matter in violation of former Oregon DR 6-101(B). The court rejected a finding of a pattern of misconduct, considered the applicable aggravating and mitigating circumstances, and reduced the sanction from a 120-day suspension to a 60-day suspension.

Holdings

1. A 60-day suspension from the practice of law was the appropriate sanction for Redden's knowing neglect of the client's matter, considering the duty violated, his mental state, the actual injury, applicable aggravating and mitigating circumstances, and comparable Oregon disciplinary cases.
2. Continuing neglect of one client's single legal matter, without prior similar misconduct, multiple rule violations, or neglect of multiple clients, does not establish a pattern of misconduct for purposes of aggravating the sanction.
3. The accused's failure to attend or respond in the disciplinary proceeding is not an aggravating factor supporting an increased sanction.

Questions Presented

1. What sanction was appropriate for Redden's conceded violation of former Disciplinary Rule 6-101(B) based on his knowing neglect of a client's legal matter?
2. Whether the accused's continuing neglect of a single client's matter constituted a pattern of misconduct under ABA Standard 9.22(c).
3. Whether the trial panel properly treated the accused's failure to respond to the disciplinary complaint and participate in the proceeding as aggravating misconduct.

Disposition

other