ENTRY FORM

CALENDAR STATUS: Active
SC Number:
S061105
CA Number:
Case Title:
In Re: Daniel J. Gatti
Date:
11/08/2013
Time:
01:30 PM
Location:
Supreme Court Case 4
Attorneys:
Mark J. Fucile on behalf of Daniel J. Gatti
Mary A. Cooper on behalf of Oregon State Bar
Comments:
Statement of Issues:
In re Daniel J. Gatti (S061105)

The accused seeks review of a decision by a trial panel of the Oregon State Bar that sanctioned him with a six-month suspension for violating RPC 1.4(b), RPC 1.7(a)(1), RPC 1.8(g), and RPC 8.4(a)(3). The Bar’s disciplinary charges against the accused arose as the result of the accused’s actions in settling a civil case brought on behalf of 15 clients against the Archdiocese of Portland, the State of Oregon, and Father Michael Sprauer.

On direct review, the issues are:

(1) Did the trial panel correctly conclude that the accused had violated RPC 1.4(b) by failing to explain matters to his clients to the extent reasonably necessary to allow them to make informed decisions?

(2) Did the trial panel correctly conclude that the accused had violated RPC 1.7(a)(1) by failing to secure his clients’ informed consent before engaging in representation that constituted a current conflict of interest?

(3) Did the trial panel correctly conclude that the accused had violated RPC 1.8(g) by failing to secure his clients’ informed consent before participating in an aggregate settlement of their claims?

(4) Did the trial panel correctly conclude that the accused had violated RPC 8.4(a)(3) by engaging in conduct involving dishonesty fraud, deceit or misrepresentation that reflected adversely on his fitness to practice law?

(5) Did the trial panel correctly conclude that the accused should be suspended from the active practice of law for six months?

The foregoing summary of a Supreme Court case that is scheduled for oral argument has been prepared for the benefit of the public. Parties and practitioners should rely on neither the factual summary set out above, nor the statement of issues to be decided, as delineating the questions that the Supreme Court ultimately may consider on review. See generally Oregon Rule of Appellate Procedure 9.20.
Justice(s) NOT Participating:


Last Revised: 09/18/2013