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Brian J. Sunderland (WSBA No. 22665, admitted 1993), of Clackamas, Oregon, was suspended for one year, effective May 21, 2008, by order of the Washington State Supreme Court imposing reciprocal discipline in accordance with an order of the Oregon Supreme Court following approval of a stipulation. This discipline is based on conduct in several matters and includes engaging in dishonest conduct and conduct that is prejudicial to the administration of justice, assisting a client in fraudulent conduct, disregarding an order of the court, engaging in improper ex parte communication with the court, violating the rules on vicarious responsibility for another lawyer’s conduct, failing to maintain clients ‘funds in trust, and failing to maintain complete and accurate records of clients’ funds. For more information, see the December 2007 Oregon State Bar Bulletin, available at www.osbar.org.
Mr. Sunderland’s conduct violated Oregon DR 1-102(A)(3), prohibiting a lawyer from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; Oregon DR 1-102(A)(4) (and RPC 8.4(a)(4)), prohibiting a lawyer from engaging in conduct that is prejudicial to the administration of justice; Oregon DR 7-102(A)(7), prohibiting a lawyer from assisting a client in conduct that the lawyer knows to be illegal or fraudulent; Oregon DR 7-106(A), prohibiting a lawyer from disregarding or advising a client to disregard a standing rule of a tribunal or a ruling of a tribunal made in the course of a proceeding; Oregon DR 7-110(B), prohibiting a lawyer in an adversary proceeding from communicating as to the merits of the cause with a judge or an official before whom the proceeding is pending except under certain exceptions; Oregon DR 9-101(A), requiring all funds of clients paid to a lawyer or law firm be deposited and maintained in one or more identifiable trust accounts in the state in which the law office is situated; Oregon DR 9-101(C)(3), requiring a lawyer to maintain complete records of all funds, securities, and other properties of a client coming into the possession of the lawyer and render appropriate accounts to the client regarding them; and Oregon RPC 1.15-1(a), requiring a lawyer to hold property of clients or third persons that is in a lawyer’s possession separate from the lawyer’s own property; Oregon RPC 1.15-1(c), requiring a lawyer to deposit into a lawyer trust account legal fees and expenses that have been paid in advance, to be withdrawn by the lawyer only as fees are earned or expenses incurred; and Oregon RPC 5.1, making a lawyer responsible for another lawyer’s violation of the ethics rules if the lawyer orders or ratifies the conduct involved, or the lawyer is a partner or has comparable managerial authority in the law firm in which the other lawyer practices, or has direct supervisory authority over the other lawyer and knows of the conduct at a time when its consequences can be avoided or mitigated.
Felice P. Congalton represented the Bar Association. Mr. Sunderland represented himself.
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