Dan Doyle: 'Gaming' the Oregon Bar?

Mac Diva

I suspect that few people who complete even their first year of law school are ever the same. Something happens. I've often heard it referred to as "thinking like a lawyer." An objective interpretation of the phrase is analyzing situations by weighing interests and considering benefits and risks. Less charitable persons might say that a legal education teaches a person to use rules to his advantage, to 'game' situations. Embattled politician Dan Doyle (R-Salem) appears to have tried to run a game on the enforcers themselves, the Oregon Bar Association.

KATU-TV reports.

On Monday, the same day Doyle resigned from the Legislature, he filed a Form A resignation with the bar association, which would allow him to apply for reinstatement.

The other option, a Form B resignation, is designed for attorneys who choose to resign rather than contest allegations against them. The effect is the same as being disbarred, because the attorneys are not allowed to return to practice.

But Jeffrey D. Sapiro, the bar's disciplinary counsel, says the Form A is not available to lawyers who are being investigated by the bar as is the case with Doyle, according to his letter to Marc Blackman, an attorney representing Doyle.

Doyle (pictured) has been accused of falsely claiming to have paid campaign related bills with funds he raised for that purpose. So far, about $80,000 is unaccounted for. That led to his resignation from the Oregon legislature, where he had been a rising star, more than a week ago. In the separate controversy involving his practice of law, at least one client has alleged that Doyle failed to pay her money she is entitled to. His law license was suspended in May. Doyle has been practicing law in Oregon since 1992.

The value of a professional license is unassailable. Doctors, lawyers and other licensed professionals generate middle-class incomes mainly because of the time and money they invested in post-graduate education. So, it is understandable that Doyle would want to retain his ability to practice law, even if circumstances forced him to surrender his license temporarily. However, the route he has taken -- attempting to avail himself of a resignation without prejudice -- is unethical, in my opinion. The circumstances a Class B resignation apply to are present in Doyle's case. He has been accused of violating the Code of Professional Responsibility and evidence has been presented. There are two appropriate responses. He can allow the case to go forward and defend himself. Or, he can resign under Class B. However, it is clear that he is no longer eligible to resign under Class A. By attempting to do so, Doyle is gaming the Oregon Bar. His threat to take the controversy to the state supreme court may be mere sound and fury, an effort to convince the enforcers at the bar association to back down. They shouldn't.

Even if Dan Doyle were to prevail in his disciplinary case before the bar, it is possible he would not be able to return to practicing law later. The evidence against him in regard to campaign violations supports prosecution on felony charges. Successful prosecution might render him ineligible to practice law in Oregon, under Fine v. Oregon State Bar (1987). Bar rules state that an applicant for the bar or a lawyer seeking reinstatement can be excluded for "a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness to practice law."

Back to those two interpretations of what people learn from legal education. Not everyone learns how to use rules to their advantage well. Some people seem to pick up just enough to get themselves in trouble. In this episode, Doyle's attempt to use the rules is so miscalculated that one can't help but wonder if it is an ill-conceived effort to intimidate.

My blog is Mac-a-ro-nies.

By Mac Diva Feb. 07, 2005