In re Complaint as to the Conduct of Montgomery

In this disciplinary matter the accused, Kenneth Montgomery, charged with violating DR 5-105, DR 6-101 (A)(3) and DR 6-101(A)(l), was found guilty by the Trial Board of violating solely DR 6-101(A)(3). The Disciplinary Review Board found the accused not guilty of violating DR 6-101(A)(3) and (A)(1), but guilty of violating DR 5-105.1 The relevant facts concerning the accused’s conduct are set out in the case of In re Odman, 297 Or 744, 687 P2d 153 (1984).

We find that the accused knew he was representing Lunning and that his associate Odman was representing the estate against which Lunning was…