In Re Complaint as to the Conduct of Mettler

In this disciplinary proceeding, the accused is charged with professional misconduct resulting from his communications with one Anderson during the employment of the accused as a securities examiner for the State of Oregon. The accused seeks review of the Trial Panel’s conclusion that he violated DR 7-104(A)(l) and (2). We conclude that, in the circumstances of this case, a lawyer acting as a securities examiner is not representing a client. Therefore, we find that the accused did not violate either provision of DR 7-104(A).

The following facts substantially are not in dispute. The accused is…