In re Ellis/ Rosenbaum

The Bar must prove disciplinary actions by clear and convincing evidence, which means the trust of the facts asserted is highly probable.

Board members of FLIR Systems, Inc. (FLIR), retained the accused, Ellis and Rosenbaum, to represent them while the SEC investigated FLIR for tax fraud. After the SEC concluded their investigation of FLIR, Ellis was requested to self-report to the Bar. The Bars investigation was primarily focused on “likely” current-clients conflicts rather than investigating on actual conflicts. The Court concludes that misconduct alleged to have occurred prior to January 1, 2005 does not apply prior to the official adoption of the Oregon Rules of Professional Conduct. Allegations that the accused should have disclosed information regarding the FLIR investigation did not amount to a professional misconduct on behalf of the alleged. Court concludes that the bar did not prove, with clear and convincing evidence, their allegations of misconduct. For that reason the court dismisses the allegations, additionally the dismiss all other allegations not at issue on review. Dismissed.