Hearing resumes in allegations against Redmond lawyer
Published 12:00 am Tuesday, June 21, 2016
- Lisa Klemp
Attorney Lisa Klemp, who worked in Bend and Redmond and served on the Redmond School Board, denied many of the allegations made against her by the Oregon State Bar, as testimony resumed Monday in her case.
Klemp faces multiple allegations of violations of the state rules of professional conduct for attorneys from the Oregon State Bar.
She fielded questions from her attorney, Nathan Steele, and a three-member panel convened to review the allegations and testimony.
The allegations against Klemp span reams of legal and financial records but concern two main issues: her dealings with a client, Ted Andrach, and Andrach’s wife, Lauren Wells; and her dealings with a former client, Kathleen Boyce, who was Klemp’s office partner, according to a state bar complaint filed a year ago.
The bar alleges Klemp entered a romantic relationship with Andrach, whom she represented in a bankruptcy matter. Klemp contends their relationship began after the bankruptcy case ended in fall 2012. The bankruptcy case was reopened in 2013, then closed again in 2014, federal court records show.
The bar also alleges Klemp persuaded Andrach’s wife, Wells, to sign over power of attorney to him in September 2012 when Wells was in jail in connection with a driving under the influence, criminal mischief and assault case.
Wells filed for divorce from Andrach in 2013 and the divorce was finalized in 2014.
Wells died in August 2015, Klemp said.
Klemp contended Monday that many of the bar’s allegations are inaccurate, including the claims that she persuaded Wells to sign the power of attorney. In May 2013, all powers of attorney that had been signed to Andrach were revoked.
Klemp is also accused by the bar of violating the rules of professional conduct in failing to protect a client’s interest after she stopped representing that client, allegations Klemp also denies.
Boyce, who had shared an office with Klemp in Redmond, had intended to file a wrongful death claim against a facility where her mother died, according to the bar’s complaint, and Klemp allegedly told Boyce several months later that she could no longer represent her in the case.
According to the bar’s complaint, Klemp allegedly refused to return medical and other records Boyce had provided, allegedly saying she would keep the records until she received payment for the work spent on the case.
There was no written agreement regarding payment for the preliminary investigation of the case conducted by Klemp and her legal assistant, Klemp testified Monday.
Linda Nichols, Klemp’s former legal assistant, testified Monday that she did not return the medical and health records to Boyce’s husband when he came to pick them up. Nichols said she was not sure whether he could legally obtain the records regarding Boyce’s parents. She was concerned it could be a violation of federal privacy laws.
The bar’s attorneys will have a chance to cross-examine Klemp today. Both sides are expected to submit written closing arguments.
The hearing initially got underway in March in Bend and resumed this week due to scheduling challenges — the trial panel is made up of volunteers — according to Oregon State Bar spokeswoman Kateri Walsh.
The bar’s disciplinary counsel, which investigates complaints about lawyers, found sufficient evidence to support the complaint against Klemp and referred the matter to the State Professional Responsibility Board.
That seven-member board, in turn, filed formal charges. Klemp was notified, and a trial panel was appointed.
The trial panel for this matter consists of attorney David Coughlin, of Baker City; attorney Max Taggart, of Ontario; and William Olsen, a member of the public.
The case has apparently perplexed the trial panel.
“Has anybody called Jerry Springer on this?” asked Coughlin, in a rare moment of levity.
“Dr. Phil might be better,” said Taggart.
The disciplinary hearing is scheduled to resume today at 8:30 a.m. at The Oxford Hotel in Bend.
— Reporter: 541-383-0376,
cwithycombe@bendbulletin.com
Editor’s note: This story has been corrected. In the original version, the occupation of Kathleen Boyce was incorrect.
The Bulletin regrets the error.