No. 3 January 16, 2014 697

IN THE SUPREME COURT OF THE

STATE OF OREGON

In re Complaint as to the Conduct of

STEVEN M. McCARTHY,

Accused.

(OSB 11-17; SC S060882)

En Banc

On review from a decision of a trial panel of the 

Disciplinary Board.

Argued and submitted November 8, 2013.

Conrad E. Yunker, Salem, argued the cause for the accused. 

Steven M. McCarthy, McCarthy Law Offices, Independence, 

filed the brief on his own behalf.

Susan Roedl Cournoyer, Assistant Disciplinary Counsel, 

Tigard, argued the cause and filed the brief for the Oregon 

State Bar.

PER CURIAM

The accused is suspended from the practice of law for a 

period of 90 days, commencing 60 days from the filing of this 

decision.

The accused had represented the plaintiff in a civil action involving claims 

under the federal Truth in Lending Act and Real Estate Settlement Procedures 

Act. Following complaints tendered to the Oregon State Bar regarding the 

quality of the accused’s representation in that matter, a trial panel of the Bar’s 

Disciplinary Board found that the accused had violated Rules of Professional 

Conduct (RPC) 1.1 (failure to provide a client with competent representation; 

RPC 1.4(a) (failure to comply with a client’s reasonable requests for information 

and to keep the client reasonably informed concerning the status of the client’s 

legal matter); RPC 1.4(b) (failure to explain matters to a client to the extent 

reasonably necessary to allow the client to make informed decisions); and RPC 

1.15-1(c) (2008) (failure to deposit fees paid in advance by a client into a lawyer 

trust account and withdraw them only as earned, or as expenses are incurred). 

The trial panel went on to impose a 90-day suspension as a sanction. Held: The 

accused knowingly violated RPC 1.1, RPC 1.4(a), RPC 1.4(b), and RPC 1.15-1(c) 

(2008). A 90-day suspension is an appropriate sanction.

The accused is suspended from the practice of law for a period of 90 days, 

commencing 60 days from the filing of this decision.
698 In re McCarthy

PER CURIAM

In this lawyer disciplinary proceeding, the Oregon 

State Bar (Bar) alleged and the trial panel found that, in the 

course of representing the plaintiff in a civil action involving claims under the federal Truth in Lending Act and Real 

Estate Settlement Procedures Act, the accused violated the 

following Rules of Professional Conduct (RPC):

•	 RPC 1.1 (failure to provide a client with competent 

representation).

•	 RPC 1.4(a) (failure to comply with a client’s reasonable requests for information and to keep the client 

reasonably informed concerning the status of the 

client’s legal matter).

•	 RPC 1.4(b) (failure to explain matters to a client to 

the extent reasonably necessary to allow the client 

to make informed decisions).

•	 RPC 1.15-1(c) (2008) (failure to deposit fees paid in 

advance by a client into a lawyer trust account and 

withdraw them only as earned, or as expenses are 

incurred).

The trial panel concluded that the appropriate sanction was 

a 90-day suspension from the practice of law. The accused 

sought review under Bar Rule of Procedure (BR) 10.3.

We review de novo. ORS 9.536(2); BR 10.6. Based 

on our review of the record, we conclude that the accused 

knowingly violated RPC 1.1, RPC 1.4(a), RPC 1.4(b), and 

RPC 1.15-1(c) (2008). An explanation of the facts giving 

rise to this proceeding, or our application of the law to those 

facts, would not benefit the bench, the bar, or the public. We 

further conclude that a 90-day suspension is the appropriate 

sanction.

The accused is suspended from the practice of law 

for a period of 90 days, commencing 60 days from the filing 

of this decision.