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In re Conduct of Gatti, 330 Or. 517, 8 P.3d 966

Facts

The accused attorney represented several chiropractors charged with fraud and racketeering, leading him to file a complaint against lawyers involved in an undercover investigation. After the Bar dismissed his complaint due to a lack of evidence, the accused misrepresented himself as a chiropractor while contacting a medical review company to gather information for a lawsuit. His actions included making false statements about his qualifications and intentions, which led to the Bar charging him with violations of the Code of Professional Responsibility.

The accused attorney represented several chiropractors charged with fraud and racketeering, leading him to file a complaint against lawyers involved in an undercover investigation. After the Bar dismissed his complaint due to a lack of evidence, the accused misrepresented himself as a chiropractor while contacting a medical review company to gather information for a lawsuit. His actions included making false statements about his qualifications and intentions, which led to the Bar charging him with violations of the Code of Professional Responsibility.

Issue

Whether the State Bar was estopped from prosecuting the attorney based on prior advice from disciplinary counsel, and whether the attorney's actions constituted violations of the Code of Professional Responsibility.

Whether the State Bar was estopped from prosecuting the attorney based on prior advice from disciplinary counsel, and whether the attorney's actions constituted violations of the Code of Professional Responsibility.

Rule

A lawyer violates the Code of Professional Responsibility by engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation, and advice from disciplinary counsel does not serve as a defense to such violations.

A lawyer violates the Code of Professional Responsibility by engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation, and advice from disciplinary counsel does not serve as a defense to such violations.

Analysis

The court determined that the Bar's letters did not imply that the accused could ethically misrepresent his identity while investigating other parties. The accused's reliance on the Bar's prior advice was deemed unreasonable, and the court found that he knowingly misrepresented material facts during his communications with the medical review company. The evidence supported the Bar's claims that the accused violated the relevant disciplinary rules.

The court determined that the Bar's letters did not imply that the accused could ethically misrepresent his identity while investigating other parties. The accused's reliance on the Bar's prior advice was deemed unreasonable, and the court found that he knowingly misrepresented material facts during his communications with the medical review company. The evidence supported the Bar's claims that the accused violated the relevant disciplinary rules.

Conclusion

The court concluded that the State Bar was not estopped from prosecuting the accused and that his actions warranted a public reprimand for violating the Code of Professional Responsibility.

The court concluded that the State Bar was not estopped from prosecuting the accused and that his actions warranted a public reprimand for violating the Code of Professional Responsibility.

Who won?

Oregon State Bar prevailed in the case, as the court upheld the Bar's authority to prosecute the accused for his misconduct and found that the accused's defenses were not valid.

Oregon State Bar prevailed in the case, as the court upheld the Bar's authority to prosecute the accused for his misconduct and found that the accused's defenses were not valid.

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