A complaint filed with the Oregon State Bar against a Bend attorney accuses him of berating a judge and several attorneys. It includes emails accusing former Deschutes County Circuit Judge Roger DeHoog of scheduling court dates based on his ego, as well as expletive-laden rants attacking other lawyers and stating one attorney “lacks testicular fortitude,” in the words of the bar.

The complaint against Bend attorney Greg Hendrix of Hendrix Brinich & Bertalan was filed by Martin Hansen of Francis Hansen & Martin LLP. It’s the result of a long feud between the two and stems from a 2014 civil case where the attorneys faced each other. Neither has ever faced discipline from the bar.

“Mr. Hansen doesn’t like anybody who stands up against him, so he has never liked me,” Hendrix said in an interview Monday.

The complaint was filed May 2015; the bar conducted an initial investigation before presenting the case to the State Professional Responsibility Board, an independent board that functions like a grand jury. It decides whether the bar can go forward with its prosecution.

After getting approved by the board, the bar filed its charging document Aug. 4.

Hendrix has until Friday to either respond to the complaint or request an extension. When reached Monday, he said he was aware of the complaint but had not read it yet.

At the heart of the complaint is an email Hendrix sent to DeHoog, who is now retired. In the email, he strongly criticized how the judge was conducting business.

Hendrix said DeHoog was scheduling hearings based on his ego, and was also afraid to stand up to Hansen. Hendrix also chastised DeHoog for allegedly conducting court via email. He threatened to file a misconduct complaint and stated he would fight back against DeHoog’s “many illegal actions.”

“I have never seen a judge more heck-bent on bending to the will of a bully at the expense of the opposing party the judge deems to be ‘weaker’ or will not fight back,” according to Hendrix’s email to DeHoog, which is included in the complaint. “I am fighting two bullies in this case.”
Hendrix said he has since apologized to DeHoog, but that his email does not violate bar regulations.

“I am not proud of the letter, but what was going on there was the judge was emailing with Mr. Hansen about court matters,” Hendrix said. “The purpose of my letter, inartful as it is, was to keep him from conducting court by email, which he did.”

The complaint also includes several emails where Hendrix makes unflattering statements about other attorneys.

In one letter, Hendrix complains about attorney Ed Fitch, who was copied on the email.

“Ed has stepped off the deep end. I believe Ed is mentally unstable… Perhaps tell Ed I enjoy suing lawyers? I will here also remind Ed that I tagged Ed Merrill for $68,000 personally a few years ago. Blow me off at your peril which will include Ed’s end as a practicing lawyer,” the email reads, according to the bar complaint.

In another email to Fitch, Hendrix states, “You calling me unprofessional is a Badge of Honor.”

Several other snippets included in the bar complaint include extensive profanity directed at specific lawyers. Hendrix said these are taken out of context, and some don’t involve any lawsuits at all.

“It’s like snippets of somebody’s phone calls,” he said.

Hendrix said no lawyer in Oregon history has been prosecuted by the bar for this type of conduct, and he does not believe he will be the first.

In a Sept. 8, 2014, email included in the bar complaint, which was sent during litigation on the 2014 case where Hansen and Hendrix were opposing counsel, Hendrix states, “You’re a joke and apparently drunk again. You usually send your idiotic emails at night. Is that a sufficient apology?”

Hansen responds that Hendrix is running afoul of bar regulations and that other states have found this sort of conduct to cross the line.

Hendrix responds with “I tremble not at your incompetence and ignorance. My opinion is you should move to ‘other states’ where you can be king of ethics. It must be a bizarre-world. Once again Martin-the-coward can dish it out but cannot take it.”

Hendrix said Hansen has obviously been gathering this ammunition for a long time, but the complaint is just retaliation for Hansen being called out for bad legal tactics.

Hendrix won the 2014 case after it was dismissed by a judge with prejudice before going to a jury. It was ruled that Hansen brought the case on “bad faith,” meaning there was no legitimate legal claim on which to sue Hendrix’s client. Hendrix’s clients were awarded $37,425 in attorneys fees.

“The only thing I am accused of is having a bad temper — he brought the case in bad faith,” Hendrix said, adding, “I’m not proud of the letter; this is a one-off for me.”

The bar will attempt to prosecute Hendrix for conducting himself in a way that has no purpose other than to embarrass, delay, harass or burden a third person and conduct that is prejudicial to the administration of justice.

The next step is for the bar to present its case to a trial panel, consisting of two Oregon lawyers and a nonlawyer. If that panel agrees with the bar’s findings, the bar will impose discipline. Discipline can be anything from a written reprimand to suspension from the bar ranging from 30 days to five years to permanent disbarment.

If the panel sides with the bar, Hendrix can appeal to the Oregon Supreme Court.

— Reporter: 541-383-0376, awieber@bendbulletin.com

Editor’s note: This article has been corrected. The original version misstated the claims the Oregon State Bar is prosecuting and the year the initial complaint was filed.

The Bulletin regrets the error.