To Oregon State Bar
Disciplinary Counsel’s Office
P.O. Box 1689
Lake Oswego, OR 97035-0889

To: Oregon State Bar Disciplinary Counsel

I am the attorney for John ****. On March 27, 2006, David B. Lowry, H. Peter Evans, members of the Oregon State Bar, were terminated by Mr. ****. {Exhibit One, incorporated by reference}.

In this notice of termination, Mr. **** stated that he demanded return of his property immediately pursuant to your state bar’s ethics rules.

As I have terminated this attorney/representative’s service I hereafter demand that my property, held in trust by this attorney/representative, namely all papers and document, notices, documents, questionnaires and correspondence and all medical records and any money given to this attorney/representative for expenses, be returned to me immediately, that is today. Any consent regarding my records is rescinded. Send me the original of my file and do not copy my file and do not retain a copy of my file.

{Exhibit One, incorporated by reference}

The documents are crucial for his new attorney in this Social Security Disability case as Mr. Lowry and Mr. Evans apparently have neglected this client, have failed to communicate with him and have failed to provide services as needed. The facts are that Mr. **** is terminally ill and as such is entitled to priority for his hearing at the United States Social Security Office of Disability Adjudications and Hearings but he will not get priority unless his attorney makes a motion to the Social Security ODAR Court. This is something that your bar members have not done and they were thus fired.

There are complicated issues regarding claimant’s disability and it is not possible to trust claimant to be an accurate historian because he is taking medication which may cause him to forget which doctors he has been treated by, the dates, the locations, etc.

Claimant personally has paid for his medical treatment and its recordation either through cash, taxes or gifts from medical providers. He signed an agreement with Lowry and Evans that he is responsible for any costs to obtain medical records on her behalf.

Again, according to the Oregon Rules of Professional Conduct, your lawyers must surrender claimant’s property to him when they have been terminated and his medical records are her property.

But alas, even though this claimant is disabled, without a dime to his name, terminally ill and thus entitled to trial priority and desperate, Evans and Lowry refuse to give up his property to his so his new attorney can swiftly learn the facts of the case, the events that have gone before and develop a strategy to obtain the benefits this Oregon citizen deserves but which your Oregon Bar member attorneys have failed to obtain.

Strikingly, these attorneys were very quick to write a Fee Petition to the Social Security Administration demanding $1,170 for neglecting this Oregon citizen’s case but refuse to send his medical records, all Social Security correspondence both to the Administration and from the Administration and all other records to Mr. ****’s new attorney so he can do what Lowry and Evans refused to do. As they have found the time to swiftly demand a fee for neglecting this case but refuse to surrender this Oregon citizen’s property so that his new attorney can get him his benefits, and as claimant is entitled to a priority for hearing, or even for an “On the Record” decision from the judge, and as your attorneys are blocking this with full knowledge of claimant’s terminal condition and his rights, the only reason for converting claimant’s property is to harm claimant.

Claimant is without money and he seeking basic sustenance money just to feed himself. He may die before he can get the money to which he is entitled because Lowry and Evans want to apparently hurt this Oregon citizen because he fired them for not doing their duty to him as attorneys.

By this letter, I seek to have these Oregon attorneys surrender claimants property to him. I further believe that these attorneys should be disciplined for their unethical conduct that is both harming claimant’s rights to obtain Social Security benefits AND causing him much stress and anxiety in his weakened condition.

Claimant is seeking advise from members of the Oregon Bar regarding breach of fiduciary duty, theft, intentional infliction of emotional distress, replevin, among other claims against Peter Evans and Lowry. I would guess that if claimant loses his case or his benefits are delayed past his demise before his claim can be heard by the Social Security Administration that the damages could be quite high against Lowry and Peter Evans but I will of course leave such an issue to a member of the Oregon Bar who is retained. It would indeed be a pathetic sight to see this disabled claimant before the civil court in Oregon to obtain his property or filing a police complaint for stolen property against Lowry and Evans.

My duty is to obtain Social Security Disability benefits for my client and the unconscionable acts of Peter Evans and Lowry are delaying, hindering and indeed blocking my goal.

The medical records are the property of claimant and not the Evans and Lowry. They seek to keep the medical records to impede his case to harm him in retaliation for firing them. Evans’ and Lowry’s duty under his state bar’s professional ethics code is black letter law-return the property to the client once you’ve been terminated.

Their duties before the Social Security Administration are likewise stunningly clear and strikingly violated;

§416.1540 Rules of conduct and standards of responsibility for representatives.

(a) Purpose and scope. (1) All attorneys or other persons acting on behalf of a party seeking a statutory right or benefit shall, in their dealings with us, faithfully execute their duties as agents and fiduciaries of a party. A representative shall provide competent assistance to the claimant and recognize the authority of the Agency to lawfully administer the process. The following provisions set forth certain affirmative duties and prohibited actions which shall govern the relationship between the representative and the Agency, including matters involving our administrative procedures and fee collections.

(2) All representatives shall be forthright in their dealings with us and with the claimant and shall comport themselves with due regard for the nonadversarial nature of the proceedings by complying with our rules and standards, which are intended to ensure orderly and fair presentation of evidence and argument.

(4) Through his or her own actions or omissions, unreasonably delay or cause to be delayed the processing of a claim at any stage of the administrative decisionmaking process;

7) Engage in actions or behavior prejudicial to the fair and orderly conduct of administrative proceedings, including but not limited to:

(ii) Willful behavior which has the effect of improperly disrupting proceedings or obstructing the adjudicative process

20 CFR 416.1540

Instead of acting as a fiduciary to claimant, Lowry and Evans have instead blocked claimant in his long struggle to obtain Social Security disability benefits to “pay him back” for firing them. They has refused to give up this Oregon citizen’s property so he can prepare for the imminent hearing if the Court grants Terminally Ill Priority and denying this Oregon citizen’s chances of having the matter decided using an OTR motion (similar to a summary judgment motion) and he is desperate to obtain needed benefits but such may be delayed still further if he is forced to scurry from place to place to obtain what might be merely an in-complete record.

All of these hardships would be remedied if only Evans and Lowry would fulfill their duty as an officer of the court and a person obligated to obey the Oregon Rules of Professional Conduct and as a fiduciary to claimant as per Social Security regulation and immediately surrender claimant’s property to her and such an Order must issue that he do so.

As I have such little faith that the Oregon State Bar will do its duty to protect this Oregon citizen based on the repeated failure of the Oregon State Bar to do so in the past, I am forwarding a copy of this letter to all members of the Oregon State Legislature and Senate so that they can monitor your progress (if any) and consider legislation to take authority to discipline  Oregon lawyers, away from the Oregon State Bar.