Ethics complaint against Ammon Bundy's lawyers dropped by Oregon state bar
A professional employment solicitation complaint regarding a law firm whose attorneys visited the Malheur National Wildlife Refuge occupation has been dismissed, the Oregonian reports. Other ethics complaints are pending.
Lissa Casey and Bryan Boender went to the Oregon federal bird sanctuary and handed occupation leader Ammon Bundy a letter on law firm letterhead, labeled “LAWYER ADVERTISING MATERIAL.” The letter stated that they would like to discuss the possibility of offering Bundy pro bono legal services. He hired their employer, the Arnold Law Firm, approximately three weeks later, according to the article.
Bundy, who has said that he and the other armed individuals were protesting federal land policy, specifically in regards to ranchers, has pleaded not guilty to federal charges of conspiracy and possessing a firearm on federal property. In April, the Associated Press reported that Casey had filed a motion to dismiss the case, which is being heard in the Portland-based U.S. District Court of Oregon.
Oregon State Bar Rule 7.3 (a) prohibits attorneys from soliciting clients in person, by phone or electronic communications for financial gain, but it does not apply to letters, the agency found.
Another complaint, suggesting that the lawyers may have told Bundy how he could avoid criminal charges, was also dismissed by the Oregon State Bar.
Mike Arnold, the principle of Arnold Law, and his lawyers would not provide the bar with the content of their legal advice, the bar’s assistant general counsel Troy Wood told the Oregonian, and the agency could not require them to do that.
“It is not misconduct for a lawyer to advise a client whether conduct is legal; nor does a lawyer engage in misconduct by advising a client to refrain from conduct that might be considered illegal,” Wood said.
Arnold, who has offices in Eugene and Portland, told the Oregonian in February that his lawyers did nothing inappropriate, and that they felt that they had a responsibility to try and help end the 41-day conflict.
Other state bar complaints regarding the Arnold Law Firm are pending, the Oregonian reported in an earlier article. One contends that firm lawyers made pretrial statements that would unfairly prejudice jurors. Another complaint deals with the firm’s Facebook page, which reportedly urged Bundy supporters to file public record requests with the U.S. Bureau of Land Management, the FBI and the Oregon State Police. The motive, according to the complaint, was to swamp the agencies with the requests.
The Arnold Law Firm website takes donations for the Ammon Bundy Defense Fund. In exchange for monthly donations, people receive an “exclusive email with case updates, at our discretion, before public release by Ammon and the Arnold Law team on the Facebook page.” Donors who agree to give $20 or more each month get a pocket Constitution signed by Bundy.
“People may disagree with Ammon, what he did, or the cause he stands for, but no American should disagree that everyone has the right to due process,” Arnold said in a statement released Tuesday. “Frivolous concerns like this one distract from our ability to fight for due process.”
