In Re Complaint as to the Conduct of Gustafson

In this lawyer discipline proceeding, the Oregon State Bar (the Bar) seeks reversal of a decision by a trial panel of the Disciplinary Board. Rule of Procedure (BR) 10.5(a). The Bar alleges that the accused violated Disciplinary Rule (DR) 1-102(A)(3) (conduct involving dishonesty, fraud, deceit, or misrepresentation) and DR 1-102(A)(4) (conduct prejudicial to the administration of justice) (two counts). The trial panel concluded that the Bar failed to prove that the accused violated the disciplinary rules as charged and dismissed the Bar’s complaint.

This court reviews the trial panel’s…