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Frederic E. Cann (WSBA No. 15962, admitted 1986), of Portland, Oregon was reciprocally suspended for six months by order of the Supreme Court, effective July 4, 2002. This reciprocal discipline is based on a six-month suspension imposed by the Supreme Court of Oregon. Mr. Cann has been reinstated to active practice in Washington.
In 1996, Mr. Cann agreed to represent the personal representative of an estate. In May, Mr. Cann decided to purchase a piece of property from this estate. The estate was financially troubled and Mr. Cann believed that the sale would benefit the estate. Mr. Cann did not want to purchase the property in his own name, so he arranged for Mr. S. to act as the purchaser. At the time of the purchase, Mr. Cann did not obtain the personal representative’s consent to the conflict of interest after a full disclosure. In 1998, Mr. Cann told the personal representative that he was the actual purchaser. The personal representative approved the sale to Mr. Cann.
Mr. Cann’s conduct violated Oregon DR1-102(A)(3), prohibiting conduct involving dishonesty, fraud, deceit or misrepresentation; DR102(A)(4), prohibiting conduct prejudicial to the administration of justice; DR 5-101(A) prohibiting representing a client if the lawyer’s judgment will be affected by the lawyer’s financial, business, property or personal interests, unless the client consents after full disclosure; and DR 5-104(A), prohibiting entering a business transaction with a client, if the client’s interests differ from the lawyers and if the client expects the lawyer to exercise professional judgment for the client’s protection, unless the client consents after a full disclosure.
Felice Congalton represented the Bar Association. Mr. Cann represented himself.
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