Tag Archives: Oregon State Bar Association

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Malfeasance: Oregon State Bar Association Drops the Ball

So much for the Oregon State Bar Association looking after the interests of lawyers’ clients.

On Oct. 9, 2023, I filed a complaint with the Association asserting that a number of Oregon lawyers are misrepresenting their credentials, that they are acting in an unethical manner by asserting to past, current and potential clients that their selection as “Lawyers of Distinction” by a Florida-based business is evidence of their legal skills and achievements.

On Feb. 17, 2024, I filed a second, more detailed complaint and followed up with an email asking whether the association intended to respond.

On May 20, 2024, Linn Davis, Assistant General Counsel and CAO Attorney, finally responded at length saying he found no reason to pursue any charges of professional misconduct by Oregon lawyers.

 “You expressed concerns that Oregon lawyers are improperly using membership in “Lawyers of Distinction” to advertise their services,” he wrote in an email. “ “Lawyers of Distinction” appears to be a marketing firm that uses some criteria to determine what lawyers are eligible for promotion. Listings on the “Lawyers of Distinction” site include a statement regarding the criteria for promotion and a link to apply for consideration. I lack any sufficient basis for believing the statements there to be false regarding the organization or the significance of membership. I also lack evidence that any particular lawyer in Oregon has utilized this marketing tool in a misleading manner. I conclude that there is no sufficient basis to warrant a referral of your concerns to Disciplinary Counsel. Because I find no sufficient evidence of professional misconduct, I will take no further action on this matter.”

I beg your pardon!

You can’t find any information that challenges the legitimacy of Lawyers of Distinction? Give me a break.

The Lawyers of Distinction website says “…Members have been selected based upon a review and vetting process by our Selection Committee utilizing U.S. Provisional Patent # 62/743,254. The platform qenerates a numerical score of 1 to 5 for each of the 12 enumerated factors which are meant to recognize the applicant’s achievements and peer recognition. Members are then subject to a final review for ethical violations within the past ten years before confirmation of Membership. Nomination does not guarantee membership and attorneys may not pay a fee to be nominated. Attorneys may nominate their peers whom they feel warrant consideration. The determination of whether an attorney qualifies for Membership is based upon the aforementioned proprietary analysis discussed above.”

Phew! Sounds complex and rigorous. 

Don’t believe it.

 Essentially, it’s just pay-for-play. Apply, pay the annual membership fee and you’re in. It’s like a diploma mill, an outfit that claims to be a higher education institution, but only provides illegitimate academic degrees and diplomas for a fee.

Want evidence?

Some lawyers at the Davis Law Group in Seattle nominated Lucy, the office’s 5-pound teacup poodle, and paid the membership fee. Lucy didn’t go to law school, but she passed her state ‘bark exam, the law firm said, had been recognized by the legal community as a ‘top dog’ and was a member of the King County Bark Association.

Lucy, a Lawyer of Distinction

Lucy, recipient of a Juris Dogtor, was accepted. Lawyers of Distinction sent Lucy a plaque naming her one of the top 10 percent of attorneys in the country and congratulated her on Twitter. Suffice it to say, Lucy was thrilled. 

As for Davis’ assertion that he lacked evidence that any particular lawyer in Oregon has utilized this marketing tool in a misleading manner, is he blind? Does he not know how to search websites?  All he needed to do was check out the Lawyers of Distinction’s website and the websites of Oregon lawyers who are members.

For example:  Casey Baxter, the founder of Baxter Law, LLC in Bend, lists “Lawyers of Distinction Award” under HONORS & AWARDS on his website; Portland DUI lawyer Andy Green and Tammi Caress, the Principal Owner of Caress Law, PC in Portland, feature the Lawyers of Distinction logo on their websites.

The Oregon Rules of Professional Conduct (as amended effective January 1, 2024) for Oregon attorneys is explicit about how attorneys must communicate about themselves:

Rule 7.1 A lawyer shall not make a false or misleading communication about the lawyer or the lawyer’s services. A communication is false or misleading if it contains a material representation of fact or law, or omits a fact necessary to make a statement considered as a whole not materially misleading. 

Rule 8.4 It is professional misconduct for a lawyer to…engage in conduct involving dishonesty, fraud, deceit or misrepresentation that reflects adversely on the lawyer’s fitness to practice law. 

An Oregon attorney claiming he or she is a exceptional because of membership in “Lawyers of Distinction” is clearly making “a false or misleading communication” and engaging in “professional misconduct” involving “dishonesty” “deceit” and “misrepresentation”.

According to the Florida Division of Corporations, “Lawyers of Distinction Inc.” is a private for-profit company with a principal address of 4700 Millenia Boulevard, Suite 175, Orlando, FL 32839.

Robert B. Baker, at the same address, is listed as the Owner in the company’s 2023 Annual Report. 

But don’t go to the office address expecting to be ushered into a space with a clean, modern aesthetic that communicates success. The address is only a virtual office. The site offers a “Platinum Plan” for $69 a month and a “Platinum Plan with live receptionist” for $194 a month. 

Robert “Robbie” Brian Baker, a member of the Florida Bar (Bar #992460), is also the founder and owner of Baker Legal Team at 2255 Glades Rd., Ste 330-W, Boca Raton, FL 33431. According to the Baker Legal Team website, he has a degree from Boston University School of Law in 1989 and a B.A. from Ithaca College.  He began his career, the website says, as a prosecutor working as an Assistant District Attorney in Kings County, New York. 

As an aside, the firm’s website has the chutzpah to highlight that it’s a member of Lawyers of Distinction. 

If the Oregon State Bar Association and its 15,000 members are honestly committed to accountability, excellence, fairness, and leadership in the legal profession, as it claims, they should insist that Oregon attorneys halt falsely advertising themselves as Lawyers of Distinction or holders of other unearned accolades. 

It’s common sense. Responsible lawyers and their association should maintain the integrity of the legal profession. To do otherwise diminishes the law. 

11/13/2024 UPDATE: Oregon State Bar Refuses To Prohibit Deceit and Misrepresentation By Its Members

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The Oregon State Bar Should Be Ashamed

The Oregon State Bar Association is blatantly failing its responsibility to Oregonians.

On Oct. 9, 2023, I filed a complaint with the Oregon State Bar Association asserting that a number of Oregon lawyers are misrepresenting their credentials, that they are acting in an unethical manner by asserting to potential and current clients that their selection as “Lawyers of Distinction” by a Florida-based business is evidence of their legal skills and achievements. I filed a second, more detailed complaint on Feb. 17, 2023 and followed up with an email asking whether the association intends to respond.

Lawyers of Distinction, incorporated in 2014, is in fact just like a diploma mill, an outfit that claims to be a higher education institution, but only provides illegitimate academic degrees and diplomas for a fee.

The Oregon Rules of Professional Conduct (as amended effective January 1, 2024) for Oregon attorneys is explicit about how attorneys must communicate about themselves:

Rule 7.1 A lawyer shall not make a false or misleading communication about the lawyer or the lawyer’s services. A communication is false or misleading if it contains a material representation of fact or law, or omits a fact necessary to make a statement considered as a whole not materially misleading. 

Rule 8.4 It is professional misconduct for a lawyer to…engage in conduct involving dishonesty, fraud, deceit or misrepresentation that reflects adversely on the lawyer’s fitness to practice law. 

An Oregon attorney claiming he or she is a exceptional because of membership in “Lawyers of Distinction” is clearly making “a false or misleading communication” and engaging in “professional misconduct” involving “dishonesty” “deceit” and “misrepresentation”.

The Oregon Bar Association’s response to my complaint? Nothing. Nada. Crickets. 

Here are the facts.

According to the Lawyers of Distinction’s website, a Charter Membership, for $475 a year, comes with a Customized 14″ x 11″ genuine rosewood plaque. A Featured Membership, for $575 a year, brings the plaque and inclusion in a membership roster published in USA Today, The New York Times, The American Lawyer and the National Law Journal.

Then there’s the Distinguished Membership, for $775 per year, the most expensive choice (described on the organization’s website as “Most Popular”), which brings the rosewood plaque, the membership roster ads and an 11″tall translucent personalized crystal statue.

The Lawyers of Distinction website describes the application review process as complex and rigorous.

Don’t believe it.

 It’s just pay-for-play. It’s selling badges.  It’s paying for meaningless accolades. Apply, pay the annual membership fee and you’re in. The result? People relying on the Lawyers of Distinction accolade in choosing an attorney are being duped.

According to the Florida Division of Corporations, “Lawyers of Distinction Inc.” is a private for-profit company with a principal address of 4700 Millenia Boulevard, Suite 175, Orlando, FL 32839. Robert B. Baker, at the same address, is listed as the Owner in the company’s 2023 Annual Report. 

But don’t go to the office address expecting to be ushered into a space with a clean, modern aesthetic that communicates success. The address is only a virtual office.

If the Oregon State Bar Association and its 14,000 members are honestly committed to accountability, excellence, fairness, and leadership in the legal profession, as it claims, it should insist that Oregon attorneys immediately halt falsely advertising themselves as Lawyers of Distinction or holders of other unearned accolades.

 To do otherwise diminishes the law. 

11/13/2024 UPDATE: Oregon State Bar Refuses To Prohibit Deceit and Misrepresentation By Its Members

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Shame On You: State Bar Assoc. Ignores Deceptive Marketing by Oregon Lawyers

So much for the Oregon State Bar Association rebuking Oregon attorneys engaging in unprofessional behavior.

Are personal injury attorney Joshua Callahan of Clackamas, OR, Natalie Hedman, family and divorce attorney of Gresham and John Parsons, a civil litigation attorney of Portland exceptional Oregon lawyers? They’d like you to think so.

All three trumpet that they’ve been selected as Lawyers of Distinction based upon a rigorous review and vetting process. A 2023 advertisement in the New York Times congratulated them for being among 223 of “The Newest 2023 Lawyers of Distinction”.

They are among the 26 Oregon attorneys Lawyers of Distinction lists as “Top Rated Lawyers in Oregon” on the organization’s website.

Impressed?

Don’t be.

About all that’s required to be named a “Lawyer of Distinction” is to apply yourself or be nominated, fill out some online forms and pay a fee. 

On Oct. 9, 2023, I filed a complaint with the Oregon State Bar Association asserting that every single one of these attorneys is misrepresenting their credentials, that they are acting in an unethical manner by asserting to potential and current clients that their selection as “Lawyers of Distinction” is evidence of their legal skills and achievements. I filed a second, more detailed complaint on Feb. 17, 2023.

The Oregon Rules of Professional Conduct (as amended effective January 1, 2024) for Oregon attorneys is explicit about how attorneys must communicate about themselves:

Rule 7.1 A lawyer shall not make a false or misleading communication about the lawyer or the lawyer’s services. A communication is false or misleading if it contains a material representation of fact or law, or omits a fact necessary to make a statement considered as a whole not materially misleading. 

Rule 8.4 It is professional misconduct for a lawyer to…engage in conduct involving dishonesty, fraud, deceit or misrepresentation that reflects adversely on the lawyer’s fitness to practice law. 

An Oregon attorney claiming he or she is a exceptional because of membership in “Lawyers of Distinction” is clearly making “a false or misleading communication” and engaging in “professional misconduct” involving “dishonesty” “deceit” and “misrepresentation”.

Still, the Oregon Bar Association’s response to my complaint? Nothing. Nada. Crickets. 

Here are the facts.

According to the Lawyers of Distinction’s website, a Charter Membership, for $475 a year, comes with a Customized 14″ x 11″ genuine rosewood plaque. A Featured Membership, for $575 a year, brings the plaque and inclusion in a membership roster published in USA Today, The New York Times, The American Lawyer and the National Law Journal.

Then there’s the Distinguished Membership, for $775 per year, the most expensive choice (described on the organization’s website as “Most Popular”), which brings the rosewood plaque, the membership roster ads and an 11″tall translucent personalized crystal statue.

Lawyers of Distinction, incorporated in 2014, is like a diploma mill, an outfit that claims to be a higher education institution, but only provide illegitimate academic degrees and diplomas for a fee.

The Lawyers of Distinction website describes the application review process as complex and rigorous.[1]

Don’t believe it.

 It’s just pay-for-play. It’s selling badges.  It’s paying for meaningless accolades. Apply, pay the annual membership fee and you’re in. The result? People relying on the Lawyers of Distinction accolade in choosing an attorney are being duped.

According to the Florida Division of Corporations, “Lawyers of Distinction Inc.” is a private for-profit company with a principal address of 4700 Millenia Boulevard, Suite 175, Orlando, FL 32839.

Robert B. Baker, at the same address, is listed as the Owner in the company’s 2023 Annual Report. 

But don’t go to the office address expecting to be ushered into a space with a clean, modern aesthetic that communicates success. The address is only a virtual office. The site offers a “Platinum Plan” for $69 a month and a “Platinum Plan with live receptionist” for $194 a month. 

Robert “Robbie” Brian Baker, a member of the Florida Bar (Bar #992460), is also the founder and owner of Baker Legal Team at 2255 Glades Rd., Ste 330-W, Boca Raton, FL 33431. According to the Baker Legal Team website, he has a degree from Boston University School of Law in 1989 and a B.A. from Ithaca College.  He began his career, the website says, as a prosecutor working as an Assistant District Attorney in Kings County, New York. 

As an aside, the firm’s website has the chutzpah to highlight that it’s a member of Lawyers of Distinction. 

Lawyers of Distinction’s website says it currently has over 5000 members. If 5000 lawyers sign up for the Distinguished category at $775 this year, the organization will rake in $3.9 million. Quite a haul.

In an attempt to fend off bad publicity, Lawyers of Distinction includes on its website a section headed, “Is Lawyers of Distinction A Scam?” But it answers its own question with nothing more than brief testimonials by selected members. It’s unlikely that any attorneys have been duped by Lawyers of Distinction, lured into believing they’ve been selected for a rare honor based on their legal work, when all they did was send in a check. They must figure that impressing potential clients is worth the deception.

But that doesn’t leave state bar associations blameless for this decay of honest professional representation.

If the Oregon State Bar Association and its 14,000 members are honestly committed to accountability, excellence, fairness, and leadership in the legal profession, as they claim, they should insist that Oregon attorneys halt falsely advertising themselves as Lawyers of Distinction or holders of other unearned accolades.

It’s common sense. Responsible lawyers should maintain the integrity of the legal profession. To do otherwise diminishes the law. 

11/13/2024 UPDATE: Oregon State Bar Refuses To Prohibit Deceit and Misrepresentation By Its Members

1. Lawyers of Distinction Selection Criteria

“Lawyers of Distinction Members have been selected based upon a review and vetting process by our Selection Committee utilizing U.S. Provisional Patent # 62/743,254. The platform generates a numerical score of 1 to 5 for each of the 12 enumerated factors which are meant to recognize the applicant’s achievements and peer recognition. Members are then subiect to a final review for ethical violations within the past ten years before confirmation of Membership. Nomination does not guarantee membership and attorneys may not pay a fee to be nominated. Attorneys may nominate their peers whom they feel warrant consideration. The determination of whether an attorney qualifies for Membership is based upon the aforementioned proprietary analysis discussed above. Membership is not meant to infer any endorsement of Lawyers of Distinction by any of the 50 United States Bar Associations or The District of Columbia Bar Association. Any references to “excellent,” “excellence,” or “distinguished” are meant to refer to the Lawyers of Distinction organization only and not to any named member individually.

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Memo To The Oregon State Bar Association: Police Your Members

Are personal injury attorney J. William Savage and patent attorney Usman Mughal exceptional Portland-area lawyers? They’d like you to think so.

Both trumpet that they’ve been selected as Lawyers of Distinction based upon a rigorous review and vetting process. An advertisement in the Oct. 8, 2023 edition of the New York Times even congratulated them for being among 223 of “The Newest 2023 Lawyers of Distinction”.

Nine more Oregon attorneys were celebrated in another Lawyers of Distinction advertisement in the April 2023 edition of the National Law Journal and the August 6, 2023 edition of The New York Times: 

  • Pamela Blackwell, Portland
  • Joshua Callahan, Milwaukie
  • Alice Cuprill-Comas, Portland
  • Thomas Howe, Portland
  • Nicole Lemieux, Portland
  • Gregory Oliveros, Clackamas
  • Maryanne Pitcher, Medford
  • Phillip Williams, Eugene
  • Kali Yost, Portland 

All-in-all, Lawyers of Distinction currently has 33 Oregon lawyers listed as members on its website.

Impressed?

Don’t be. 

About all that’s required to be named a “Lawyer of Distinction” is to apply yourself or be nominated, fill out some online forms and pay a fee. 

According to the Orlando, FL-based organization’s website, a Charter Membership, for $475 a year, comes with a Customized 14″ x 11″ genuine rosewood plaque. A Featured Membership, for $575 a year, brings the plaque and inclusion in a membership roster published in USA Today, The New York Times, The American Lawyer and the National Law Journal.

Then there’s the Distinguished Membership, for $775 per year, the most expensive choice (described on the organization’s website as “Most Popular”), which brings the rosewood plaque, the membership roster ads and an 11″ tall translucent personalized crystal statue.

Lawyers of Distinction,  incorporated in 2014, is like diploma mills, outfits that claim to be higher education institutions, but only provide illegitimate academic degrees and diplomas for a fee.

The Lawyers of Distinction website describes the application review process as complex and rigorous.[1]

Don’t believe it.

 It’s just pay-for-play. It’s selling badges.  It’s paying for meaningless accolades. Apply, pay the annual membership fee and you’re in.

According to the Florida Division of Corporations, “Lawyers of Distinction Inc.” is a private for-profit company with a principal address of 4700 Millenia Boulevard, Suite 175, Orlando, FL 32839. 

Robert B. Baker, at the same address, is listed as the President in the company’s 2023 Annual Report. 

Robert Baker, President, Lawyers of Distinction

But don’t go to the office address expecting to be ushered into a space with a clean, modern aesthetic that communicates success. The address is only a virtual office. The site offers a “Platinum Plan” for $69 a month and a “Platinum Plan with live receptionist” for $194 a month. 

Robert “Robbie” Brian Baker, a member of the Florida Bar (Bar #992460), is also the founder and owner of Baker Legal Team at 2255 Glades Rd., Ste 330-W, Boca Raton, FL 33431. According to the Baker Legal Team website, he has a degree from Boston University School of Law in 1989 and a B.A. from Ithaca College.  He began his career, the website says, as a prosecutor working as an Assistant District Attorney in Kings County, New York. 

As an aside, the firm’s website has the chutzpah to highlight that it’s a member of Lawyers of Distinction. 

Lawyers of Distinction’s website says it currently has over 5000 members. If 5000 lawyers sign up for the Distinguished category at $775 this year, the organization will rake in $3.9 million. Quite a haul.

In an attempt to fend off bad publicity, Lawyers of Distinction includes on its website a section headed, “Is Lawyers of Distinction A Scam?” But it answers its own question with nothing more than brief testimonials by selected members. 

It’s unlikely that any attorneys have been duped by Lawyers of Distinction, lured into believing they’ve been selected for a rare honor based on their legal work, when all they did was send in a check. They must figure that impressing potential clients is worth the deception.

But that doesn’t leave state bar associations blameless for this decay of honest professional representation.

If the Oregon State Bar Association and its 14,000 members are honestly committed to accountability, excellence, fairness, and leadership in the legal profession, as they claim, they should insist that Oregon attorneys halt falsely advertising themselves as Lawyers of Distinction or holders of other unearned accolades.

Responsible lawyers should maintain the integrity of the legal profession. To do otherwise diminishes the law. 

Accordingly, on Oct. 9, 2023, I submitted an ethics complaint to the Oregon State Bar against all 33 Oregon attorneys listed as members of Lawyers of Distinction. My complaint is that these Oregon attorneys are acting in an unethical manner by misrepresenting to potential and current clients that their selection as “Lawyers of Distinction” is evidence of their legal skills and achievements.

11/13/2024 UPDATE: Oregon State Bar Refuses To Prohibit Deceit and Misrepresentation By Its Members

[1] “Lawyers of Distinction Members have been selected based upon a review and vetting process by our Selection Committee utilizing U.S. Provisional Patent # 62/743,254. The platform generates a numerical score of 1 to 5 for each of the 12 enumerated factors which are meant to recognize the applicant’s achievements and peer recognition. Members are then subiect to a final review for ethical violations within the past ten years before confirmation of Membership. Nomination does not guarantee membership and attorneys may not pay a fee to be nominated. Attorneys may nominate their peers whom they feel warrant consideration. The determination of whether an attorney qualifies for Membership is based upon the aforementioned proprietary analysis discussed above. Membership is not meant to infer any endorsement of Lawyers of Distinction by any of the 50 United States Bar Associations or The District of Columbia Bar Association. Any references to “excellent,” “excellence,” or “distinguished” are meant to refer to the Lawyers of Distinction organization only and not to any named member individually.”