In Re Complaint as to the Conduct of Howard

I concur with the majority, with this exception.

Concerning the charge that the accused violated former DR 9-102 (A) by “depositing funds made payable to the [Frederick] estate into his personal” bank account, the majority opinion states that it is arguable that the rule was violated and that it is arguable that it was not. Because the “arguments were not recognized and were not briefed by either the Bar or the accused,” the majority does not decide this question. 304 Or at 203-4.

Respecting the Frederick estate, the Trial Panel found that the accused violated former DR 9-102(A). The Bar argues…