Pendleton attorney reprimanded by state bar

Published 2:22 am Saturday, March 15, 2014

PENDLETON The Oregon Stare Bar reprimanded Pendleton attorney Tim ORourke in January for violating rules against client conflict of interest.

ORourke in 1996 and another member of his firm represented two long-time clients, Eillen and David Horne, in preparing and executing new wills and estate plans, according to a statement from the bar and complaint documents from their granddaughter, Kelly Brady of Pendleton.

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Eillen Horne created a trust, and in her will named her husband as trustee and Brady as successor trustee. The will provided David Horne with a share of his wifes estate and the income from the trust assets. He could distribute trust principal under certain limited circumstances, according to the bar, but upon his death, Brady would distribute trust assets to Eillen Hornes daughter and granddaughters.

Eillen Horne died in 1998, and David Horne became the trustee of his wifes assets, including seven parcels of land. ORourke in June 2007 helped David Horne transfer the property into his name alone, and then to his nephew and his own trust. The bar determined ORourke should have known such actions were contrary to Eillen Hornes trust.

ORourke also anticipated at the time of the transfers that Eillen Hornes trust would seek to overturn the actions once David Horne died.

ORourke and Brady negotiated a settlement, according to documents, and ORourke admitted he acted negligently and his conduct was aggravated by his substantial experience in the practice of law, having been admitted in 1987. However, the bar determined ORourke had no prior discipline, did not act with a selfish motive, cooperated in the disciplinary proceedings and showed remorse.

Kateri Walsh, spokeswoman for the bar, explained the public reprimand is the lowest sanction available to bar, and ORourke can continue to practice law.

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