Attention: Disciplinary
Oregon State Bar

I hereby file a complaint regarding the ethics breaches of attorney John M. Eustermann, Esq.  I will list them here;

I telephoned Shaunee Foster because she issued me a dishonored check and breached a contract.  I informed her that if she did not make good on her contracts that I would seek my remedies and enforce my rights in an appropriate Court.

Thereafter, your bar member John M. Eustermann, Esq. telephoned me and stated that I was "practicing law in Oregon without a license and I'm going to put you in jail.".  He stated "if you don't drop this dispute with Shaunee then I will file a complaint with the California State Bar and the Oregon State Bar because you are not entitled to practice law in Oregon."  He also stated "I don't want you to get into any more trouble than you already are in, drop this dispute with Shaunee."

As such, your bar member is in clear violation of DR 7 105 which states that a bar member may not threaten criminal action to gain an advantage in a civil matter.  His motivation for this threat was to gain an advantage in a civil matter because I do not now nor have I ever held myself out as entitled to practice law for another in a State of Oregon court.

Although not an element to the violation, your bar member made good on his unethical threat and filed a complaint against me with the California State Bar on July 20, 2001.

Sincerely,

Private Practice Attorney, Esq.

August 8, 2001

to Jeffrey D. Sapairo Esq.

from Private Practice Attorney, Esq.

I wish to point out a very damning piece of evidence as Mr. Eustermann pleads his innocence to unethical conduct.  He stated to me that if I did not drop the dispute with his client that he would get me into "more trouble than you are already are in'.  Thereafter, enforcing my rights and seeking my remedies in an Oregon Court I filed suit against his client.

Making good on his threat immediately thereafter Mr. Eustermann contacted the Oregon State Bar and thus the Oregon Justice Department and the California State Bar.  The timing of his actions clearly demonstrates that he made the unethical threat and then carried through on it when I did not cave into his blackmail.

....

Is Mr. Eustermann stating the preposterous notion that I offered to represent his client, who had just breached a contract with me and cheated me out of money {and thus be her attorney to defend her against the lawsuit I filed against her}? 

{Is it an ethics breach for a licensed attorney to say something that stupid?}

to: Washington State Bar

from: Private Practice Attorney

November 18, 2001

In the letter Eustermann quotes the layman as saying that I continue to use the letters, "Esq." after my name and that Eustermann 'believe(s) we determined was inappropriate under California law."  No statute or case law was sited by Eustermann.  Thus, in a discussion with a layman and himself he has determined that I am committing a crime and then repeats this defamation.  Interestingly, the same discussion took place after he made the same complaint to the Oregon State Bar and after an analysis with the Oregon Attorney General's Office it was determined that NO law was violated.

....I don't think that I became ineligible to report ethics breaches at any time regardless of Eustermann's attempts to smear me and divert your attention from his inappropriate (unethical) conduct.

Mr. Eustermann states he had nothing to do with the drafting of the affidavit and complaint in small claims court but that (is an obviously lie by Eustermann as it) directly contradicts the sworn testimony of his client; furthermore she demand (but was summarily denied) approximately $800 in attorney fees which she owed Eustermann.  Again, Mr. Eustermann is lying to you in the midst of a State Bar investigation. {It is an ethics breach to lie to a State Bar Investigator}

Private Practice Attorney, Esq.