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James L. Gress (WSBA No. 25731, admitted 1996), of Portland OR, received a censure on April 21, 2003, following a stipulation approved by the Disciplinary Board. This discipline is based on his conduct in a worker’s compensation matter in 1999.
In 1999, Mr. Gress represented a construction company [the company] in a worker’s compensation matter, which included, as an issue, the rate of time loss. Mr. Gress took the employee’s deposition and obtained his tax returns. During the deposition, the employee testified that he had done some work for a homeowner and had not declared the income on his federal tax return. Immediately after the deposition, Mr. Gress told opposing counsel that Mr. Gress would notify the IRS of the employee’s failure to report income if the employee did not settle the case. Neither counsel discussed a settlement amount during this conversation. On October 28, 1999, the employee’s counsel notified Mr. Gress that his client was not interested in settling the case. On November 2, 1999, Mr. Gress instructed his legal assistant to contact the IRS, which she did on November 16, 1999. The matter ultimately settled.
Mr. Gress’s negligent conduct violated RPC 8.4(d), prohibiting lawyers from engaging in conduct prejudicial to the administration of justice.
Becky Neal and Jonathan Burke represented the Bar Association. Christopher Hardman represented Mr. Gress.
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