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Sara L. Gabin, Attorney at Law
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Oregon State Bar states, "The allegations may implicated Oregon Rules of Professional Conduct 4.2, .2(c) and 1.8(g). Sara Gabin admits she communicated directly with James Needham.
In representing William as
agent for the remaining children...Gabin runs into potential conflict problems.
Then she is arguably making an aggregate settlement on behalf of all the
children for which she should have gotten written informed consent signed by all
of the surviving kids. She did not.
Based on the above, we find credible evidence of an allegation of misconduct (regarding Sara L. Gabin).
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Complaint Summary re Sara L. Gabin, Lake Oswego (Bar No. 81234)
Rules Implicated
The three youngest siblings complaint that Sara Gabin should not be representing their mother's estate because she has not fulfilled the promises she made and they believe she is generally acting contrary to what their mother's wishes were.
They are
suspicious that they saw a copy of Wilma's will at her viewing with Sara Gabin
listed as the attorney and then Sara Gabin claimed there is no will They are
also suspicious that Wilma's worker's compensation case was settled for $50,000
and that Sara Gabin then claimed it was only $10,000.
Following their mother's death, Sara Gabin was suddenly representing William and has refused to speak to any of the other siblings related to these matters. It is clear to them that Gabin was only representing William and not looking out for the rest of their interests. James is convinced it was because Sara Gabin and William had a personal relationship, so she must have been assisting their brother in his efforts to exclude the younger siblings.
They claim that William forged the signatures on the May 18, 2005 authorization (but not the May 19, 2005 authorization) and they insist that Sara Gabin knew this document was forged.
James also complains that Sara Gabin sent mail directly to his house when she had been instructed to send it all through his attorney.
....
Sara Gabin acknowledges that she misdirected a settlement check directly to James that should have gone to his counsel. (Please note Prior Discipline of Sara Gabin- DR 7-104(A)(1) former PRC 4.2 Unauthorized communication with a represented Party July 2001)
***
Oregon State Bar Complaint Form and follow-up
from James Edward Needham
"I am very concerned that the attorney hired by my mother has violated her position.
The lawyer is suddenly representing my eldest brother as an Estate lawyer. I believe that this accompanied by the lawyer's refusal to speak to any one else but my eldest brother, even when she was at the time my mother's representative in her workman's comp. case.
I've hired a (new) attorney-and that my mother's lawyer has broken
protocol by send correspondence directly to my home, ignoring my lawyer request
that all correspondence go (thru him), "as it should be". You
would think she would be aware of protocol.
Sexual relationship with William.
It is my further belief that a personal i.e.. sexual, relationship exists between my elder brother and this lawyer. It is well known before my brother's suicide that my eldest brother is a sexual deviate that invited my intoxicated brother to have a 3-way with his wife and himself. He later claimed that my dead brother raped his wife. No police report was ever filed, and before his suicide, what was said to be consented or to have sex with his wife while he watched. This was a major factor in my brother suicide.
If there is nothing to this then why has Sara Gabin put her job in jeopardy. She has not followed the law, accepted forgery, etc., Hum, "Makes One wonder."
A 5 year old could tell they are not the same signatures, why couldn't Sara Gabin?
....as an "officer of the court" I thought it's a lawyer's duty to report any illegal activity. Sara Gabin has reported nothing.
On page 2 of Sara Gabin's reply, on May 13, '05 Sara Gabin "drafted a will" and the DPOA (again FORGED) she states that James Needham was to act as alternative I was never informed. Again Sara Gabin failed in her responsibility.
It is also well known that he-elder brother consented on a business contract that he convinced his middle son to co-sign for, using his home as collateral. Right before the business filed bankruptcy he wrote and cashed a check for $100,000. The result is that his middle son and his wife, kid were forced out of their home. I'm sure Sara Gabin also handled this affair as well.
I am of the opinion that the relationship between my elder brother and my mother's workman's comp lawyer has been compromised in more ways than we known. Yet this lawyer is now my elder brother's lawyer who suddenly practices Wills & Estates.
My lawyer will also confirm that there are so many questions and red flags regarding the workman's comp claim and mother's estate after speaking with Sara Gabin.
She claims to be a "workman's comp. lawyer" but as you can read in her own letter, she is incompetent.
No one know of this. Sara Gabin "refused" to speak to anyone but Bill, even though she had been Wilma's lawyer. They also agreed to her fee of 25%. Sara Gabin and Mr. Needham had No Right to do so, especially based on forged documents that Ms. Gabin knew were forged!
My
check was sent directly to me, not through my lawyer "as requested". As
for Mark's check, Sara Gabin screwed that up so much she had the name
spelled wrong, wrong address and Debi Blakes check, "Must have gotten lost"
according to Sara Gabin. She has even failed as an office assistant.
Sara Gabin screwed up Mark not Marc, Needhams check, she screwed up Deb Blake check.
I suggest that Sara Gabin think about getting some office help for she can't even get mailing out correctly
Regarding Deb's check, Sara Gabin's response was "it got lost in the mail." Come on Gabin.
Sara Gabin failed completely. The case had been settled. Sara Gabin went back and changes things on her own.
Who decided how to disburse the settlement? She states William and herself. Who is Sara Gabin to speak to me and my sibling when she even refused to even talk to us?
Sara Gabin is completely lying.
Sara Gabin is "not a judge" and should stop acting like one. She needs to stick to one area of the law and at least try to be good at it. So far she is batting 0.
For Sara Gabin to state that I overdosed my mother is unconceivable. Sara Gabin is going to be held accountable for that statement.
My claiming falsely there was no will-8 people saw the will. Perhaps Sara Gabin is lying.
Did Sara Gabin read her own paperwork regarding my mother's wishes that all be divided equally.
**
Mark Needham and Deborah Blake letter to Oregon State Bar 9.15.2005
Sara Gabin states that on May 18th of 2005 William Needham faxed her two document. I live in Grants Pass and did not arrive in Portland until the afternoon of May 19th of 2005; so therefore, I could not have signed the said documents. Upon further review my siblings and I have found them to be forgeries. This matter has been turned over to the Clackamas County Sheriffs Department for investigation.
...Sara Gabin knew that these documents were forged...
...I see nothing but lies, questionable ethics on a lawyer's part, forgery and deceit. All of this mostly pointing to William and his partner, i.e. Sara Gabin.
Our forged documents with deceit and lies somehow connected to my Mother's death? Your guess is as good as ours.
To all this, I ask if Sara Gabin has created havoc, "Yes indeed" and I am far from done with her.
*****
Deborah Blake Oregon State Bar Complaint Form regarding Sara Gabin
7.27.2005
Sara Gabin was hired as my mothers, Wilma Needham, Workers Compensation lawyer. My mother died and Sara Gabin then become my brothers, William Needham's estate lawyer which is not her line of work. She has had up sign forms promising that we would be receiving things that now has not happened and she is claiming is different.
I feel Sara Gabin should not representing my mother's estate in any way....now have realized that there are issues in how things are being handled which would be against my mom's wishes.
****
Oregon State Bar sweeps this all "under the rug!"
Lawyer Guild Investigation "swept under the rug"
"(Sara Gabin)...your conduct in
this matter did not comply with the disciplinary rules.
Specifically, you transmitted a settlement check directly to James Needham at a time when he was represented by counsel...
...no formal disciplinary proceedings will be instituted against you but the matter will be concluded with this letter of admonition. You are urged to take this matter into account when faced with similar circumstances in the future.
/s/ Amber Bevacqua-Lynott Ass't Disciplinary Counsel Oregon State Bar
click here for a list of all complaints against Sara Gabin by Oregon citizen
to the Oregon State Bar
click here to return to main page of Oregon State Bar Reporter, found at http://www.OregonShyster.com
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