In Re Complaint as to the Conduct of Paulson

On the court’s own motion, the court recalls the appellate judgment and allows reconsideration in this case to modify a portion of our prior opinion, In re Paulson, 346 Or 676, 216 P3d 859 (2009). In that opinion, we concluded, as had the trial panel, that the accused had violated DR 2-106(a) by charging an excessive fee in connection with the Brady-Aiello small estate matter. After describing the pertinent facts and quoting relevant portions of the trial panel opinion, we explained:

“DR 2-106(A) prohibits a lawyer from charging an illegal or clearly excessive fee. The Bar alleged and the…