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Kevin M. Myles (WSBA No. 24987, admitted 1995), of Portland, OR, was suspended from the practice of law for 60 days effective July 29, 2005, by order of the Washington State Supreme Court imposing reciprocal discipline based on an order of the Supreme Court of the State of Oregon approving a stipulation for discipline. This discipline was based on his conduct in 1999 involving a misrepresentation to a tribunal.
In April 1999, Mr. Myles represented a client in an administrative appeal of the denial of unemployment insurance benefits. At issue in the proceeding was whether the client had wrongfully failed to return to his employment after his employer had determined that his work-related injuries had resolved. In connection with the claim, a physician had rendered an opinion that the client’s injury had been resolved, after which the physician had released the client to return to his employment. Expecting the employer to introduce the physician’s records at the hearing, Mr. Myles executed and submitted as a potential exhibit an affidavit stating that he had personal knowledge of the physician’s reputation for untruthfulness. Mr. Myles did not in fact have information supporting his representation concerning the physician’s reputation for untruthfulness.
Mr. Myles’s conduct violated Oregon DR 1-102(A)(3), prohibiting a lawyer from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.
Felice P. Congalton represented the Bar Association. Mr. Myles did not appear in the proceeding either personally or through counsel. |