In Re Complaint as to the Conduct of McCurdy

In this disciplinary proceeding, the Oregon State Bar charges the accused with violating Disciplinary Rule 7-105(A) of the Code of Professional Responsibility. It provides:

“A lawyer shall not present, participate in presenting, or threaten to present criminal charges solely to obtain an advantage in a civil matter.”

I

We find: A car owned by Chuck Krening, 21, was struck by another car on September 5, 1982, while it was parked. The driver of the other car, a young woman named Kathy Fluaitt, left the scene claiming to be unaware that she had struck Krening’s car. Witnesses took down her license…