James R. Eckley - Suspension for Professional Misconduct
Summary
The Oregon Supreme Court has ordered a suspension of 6 months and 1 day for attorney James R. Eckley, effective February 13, 2025. This reciprocal discipline stems from violations of professional conduct rules related to client communication and conflicts of interest, as previously determined by the Arizona Supreme Court.
What changed
The Oregon Supreme Court has granted the Oregon State Bar's petition for reciprocal discipline against attorney James R. Eckley, imposing a suspension of six months and one day. This action is based on violations of RPC 1.4(b) (failure to explain matters to the extent reasonably necessary to permit informed decisions) and RPC 1.7(a)(2) (representing a client when there is a significant risk that the representation will be materially limited by the lawyer's responsibilities to another client, a former client, a third person, or by a personal interest of the lawyer). The violations were previously adjudicated by the Arizona Supreme Court, which also imposed a six-month and one-day suspension for similar conduct involving a vague engagement agreement and a conflict of interest.
This order mandates that Mr. Eckley's suspension will commence on February 13, 2025. Legal professionals in Oregon should note that reciprocal discipline can be imposed for conduct adjudicated in other jurisdictions. While Mr. Eckley does not currently have Oregon clients and does not plan to appeal, the effective date of his suspension is a critical compliance point. Failure to adhere to the terms of the suspension would result in further disciplinary action.
What to do next
- Note the commencement of the 6-month and 1-day suspension for James R. Eckley on February 13, 2025.
- Ensure no new client engagements are accepted or existing ones continued during the suspension period.
- Review internal processes for client communication and conflict checks to prevent similar violations.
Penalties
Suspension of 6 months and 1 day
Source document (simplified)
IN THE SUPREME COURT OF THE STATE OF OREGON In re: the Conduct of ) ) JAMES R. ECKLEY, Bar No. 780368 ) Case No. 24-301 ) Respondent. )
Counsel for the Bar: Susan R. Cournoyer Counsel for the Respondent: Nellie Q. Barnard Disciplinary Board: Mark A. Turner, Adjudicator Disposition: Violation of RPC 1.4(b) and RPC 1.7(a)(2). BR 3.5 Petition for Reciprocal Discipline. 6-months and 1-day suspension. Effective Date of Order: February 12, 2025
STIPULATION FOR IMPOSITION OF SUSPENSION EFFECTIVE FEBRUARY 13, 2025
The Adjudicator granted the Oregon State Bar’s (Bar’s) petition for imposition of reciprocal discipline on James R. Eckley (Respondent) pursuant to BR 3.5 on February 11, 2025 (the Order). The Order imposes a term of suspension of 6 months plus one day. The Order is not effective until March 14, 2025, meaning the term of suspension does not begin to run until March 14, 2025. Mr. Eckley does not currently have any Oregon clients, has no plans to appeal the Order, and prefers immediate imposition of the term of suspension. The Oregon State Bar likewise has no plans to appeal the Order. The Parties stipulate agree that the Order may be made effective immediately, as indicated by their signatures below. Mr. Eckley respectfully requests and order making the Order effective as of February 13, 2025 (with the term of suspension running from that date). IT IS HEREBY ORDERED THAT the request to make the Order Granting BR 3.2 Petition for Reciprocal Discipline is effective as of February 13, 2025 is GRANTED. DATED this 12th day of February 2025.
/s/ Mark A. Turner_______________ Mark. A. Turner Adjudicator, Disciplinary Board
ORDER GRANTING BR 3.5 PETITION FOR RECIPROCAL DISCIPLINE
The Oregon State Bar (Bar) petitioned for imposition of reciprocal discipline on James R. Eckley (Respondent) pursuant to BR 3.5 on February 7, 2025. Respondent was disciplined in Arizona effective on November 19, 2024, for violations of Arizona Rules of Professional Conduct (ARPC) 1.4(b) and 1.7(a)(2) for using an engagement agreement that was vague, convoluted, and open-ended thus preventing the client from knowing precisely what fees were being charged. The agreement included an arbitration provision that was subject only to Respondent’s election but shared the expense of the arbitration jointly. The court found that Respondent failed to explain the terms of the representation to the extent reasonably necessary for the client to make informed decisions and that the agreement placed Respondent’s personal interests above his client’s. Respondent was given a suspension of six months and one day by the Arizona Supreme Court. The Bar seeks imposition of an equivalent suspension of six months and one day. Respondent’s counsel stated in a letter also dated February 7, 2025: “Without agreeing that the conduct set out in the Decision may form the basis for discipline under Oregon or Arizona law, that the conduct occurred as set out in the Decision, or that the discipline imposed by the Arizona Supreme Court is proper under the circumstances, Mr. Eckley does not object to the imposition of reciprocal discipline in Oregon under BR 3.5.” Accordingly, IT IS HEREBY ORDERED THAT the petition for reciprocal discipline is GRANTED and Respondent is suspended for a period of six months and one day effective on the date this order becomes final. DATED this 11th day of February 2025. /s/ Mark Turner Mark A. Turner Adjudicator, Disciplinary Board
Named provisions
Related changes
Source
Classification
Who this affects
Taxonomy
Browse Categories
Get Courts & Legal alerts
Weekly digest. AI-summarized, no noise.
Free. Unsubscribe anytime.
Get alerts for this source
We'll email you when OR State Bar Discipline Reports publishes new changes.