Review Circumscribed, Attorney Disbarred

An attorney who was found to have violated six disciplinary rules in a matter involving an effort to obtain real property by means of fraud and deception was disbarred by the Oregon Supreme Court.

Although the attorney had noted an appeal from the trial panel’s findings, he had failed to file a brief:

…although our review of disciplinary matters is de novo under ORS 9.536(2), in the absence of briefing or argument challenging the order on review, we are free to circumscribe the extent of our review. 349 Or at 110-11. Thus, when review has been granted, but neither party files a brief, “we ordinarily will affirm the order of the trial panel inasmuch as no party has raised an argument challenging the trial panel order.” In re Oh, 350 Or 204, 207, ___ P3d ___ (2011).

In this case, although the accused sought review of the trial panel’s order, he did not submit a brief challenging any aspect of that order. Consistently with Hartfield and Oh, we conclude that the trial panel’s order should be affirmed.

The accused is disbarred, effective 60 days from the date of this decision.

(Mike Frisch)