In re Complaint as to the Conduct of Derek J. Ashton

Summary

The Oregon Supreme Court reviewed disciplinary findings against attorney Derek J. Ashton arising from settlement agreements that restricted a witness’s ability to testify and from conduct related to a criminal case. The court rejected the alleged violations of RPC 3.4(b), upheld one violation of RPC 3.4(c) and two violations of RPC 8.4(a)(4), and imposed a 30-day suspension. The suspension was ordered to commence 60 days from the date of the decision.

Holdings

1. The Bar failed to prove by clear and convincing evidence that Ashton violated RPC 3.4(b) as charged because none of the settlement agreements conditioned payment on G's testifying or on the content of G's testimony.
2. Ashton violated RPC 3.4(c) by knowingly disobeying an obligation under the rules of a tribunal.
3. Ashton violated RPC 8.4(a)(4) by drafting and offering settlement agreements that conditioned payment on G's agreement not to testify in future legal proceedings without an exception for testimony required by a lawful subpoena or court order.
4. Ashton's RPC 3.4(c) violation also constituted a violation of RPC 8.4(a)(4), resulting in two total violations of RPC 8.4(a)(4).
5. A 30-day suspension from the practice of law was the appropriate sanction.

Questions Presented

1. Whether the settlement agreements violated RPC 3.4(b) by conditioning payment to G on the content of G's testimony or the outcome of a case.
2. Whether Ashton's contempt-of-court admission established that he knowingly disobeyed an obligation under the rules of a tribunal in violation of RPC 3.4(c).
3. Whether drafting and offering settlement agreements that purported to prevent G from testifying without an exception for a lawful subpoena or court order constituted conduct prejudicial to the administration of justice under RPC 8.4(a)(4).
4. What sanction was appropriate for the violations established on review.

Disposition

other