Gregg, In re
| Decision Date | 23 October 1968 |
| Citation | 446 P.2d 123,252 Or. 174 |
| Parties | In re Complaint as to the conduct of Warner W. GREGG, Accused. |
| Court | Oregon Supreme Court |
Berkeley Lent, Portland, argued the cause and filed briefs for accused.
Herbert H. Anderson and Roland F. Banks, Jr., Portland, filed a brief for Oregon State Bar.
Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.
The accused lawyer was found guilty of the following charges: failure to prosecute a client's cause diligently, resulting in a dismissal of the cause; misappropriation of approximately $2,000 in funds of an organization of which he was treasurer; and dilatory conduct in performing as an attorney for an estate.
The accused does not dispute committing these acts. The accused contends and the trial committee found that the culpable conduct of the accused was caused by alcohol addiction and that this is an important mitigating factor. The Board of Governors of the bar did not consider this circumstance as mitigating the charge of wilfully misappropriating funds. The board, by a vote of 11 to one, recommended permanent disbarment. One board member recommended suspension from practice for five years and until such time as the accused shall be found fit to practice. The trial committee had recommended a suspension for two years, but only if the accused failed to totally abstain from alcohol for five years.
The record contains no instances of any charges of unethical and illegal conduct against the accused other than in this instance. The accused is at present a Lieutenant Commander in the United States Coast Guard Reserve. His superior has retained the accused in his position after he learned of accused's defalcation.
The accused is in his late thirties. He was admitted to the bar in 1958, and was in private practice in Portland with a small firm for five years. In 1963 he joined the legal staff of a state agency where he is now employed in Portland. In 1962 his drinking substantially increased, and beginning in 1963 he had periods of alcoholic amnesia, and, on occasion, was absent from his home and office for several days at a time.
During this time the accused, although not in a legal capacity, was treasurer of a university alumni association fund. Between November 1964 and April 1965 he cashed 13 checks upon this fund and appropriated the money, a total of about $2,000, to his own use, apparently for the purchase of alcohol. After the association asked him for an explanation the accused made full restitution between September and December 1965.
The testimony of the accused was that he did not remember drawing or cashing any of the checks. He stated that when he was first questioned about the account being overdrawn he thought he had not made some deposits. When he was shown the checks he admitted he had defaulted, but said he did not previously know he had cashed them. He admitted an allegation made in the complaint...
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Conduct of Eads, In re
... ... Holman in effect incorporated this standard when it acknowledged that addiction could be used to negative the element of intent ... Holman contrasted the evidence in In re Warner W. Gregg, 252 Or. 174, 446 P.2d 123, 448 P.2d 547 (1968), where the court found the accused "committed the defalcations because of his addiction to alcohol. However, he knew what he was doing when he cashed at least some of the checks and before the association officials questioned him he was aware that he ... ...
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Conduct of Howard, In re
...682 P.2d 243 (1984), In re Kenneth W. Stodd, 279 Or. 565, 568 P.2d 665 (1977), and In re Warner W. Gregg, 252 Or. 174, 446 P.2d 123, 448 P.2d 547 (1968). SECOND The amended complaint alleges the following. One Frederick died in May 1974. Her son, Petersen, was named personal representative ......
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Conduct of Coe, In re
...57, 682 P.2d 243 (1984); In re Kenneth W. Stodd, 279 Or. 565, 568 P.2d 665 (1977); In re Warner W. Gregg, 252 Or. 174, 446 P.2d 123, 448 P.2d 547 (1968). As personal representative, the accused acted in a fiduciary capacity. ORS 114.265 provides: "A personal representative is a fiduciary * ......
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Conduct of Holman, In re
...and his non-professional roles." 279 Or. at 567-68, 568 P.2d 665. See also In re Warner W. Gregg, 252 Or. 174, 446 P.2d 123, 448 P.2d 547 (1968), where a lawyer was disciplined for embezzling the funds of an organization of which he was The accused certainly engaged in conduct which has bee......