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FROST v. LOTSPEICH

95-2907-L-1; 95-4397-L-3; 93-132G0; A102685 (Control); A102686

30 P.3d 1185 (2001)

175 Or. App. 163

Marianne FROST and Brooke Conner, Guardians Ad Litem for Zachary Conner, a Minor, Plaintiffs, v. Kurt LOTSPEICH, Laura Lotspeich, Martin A. Lotspeich and DOES I through X, inclusive, Defendants. Marianne Frost and Mike Conner, Plaintiffs, v. Kurt Lotspeich, Laura Lotspeich, Martin A. Lotspeich and Does I through X, inclusive, Defendants. Timothy J.P. O'Connor, former attorney for Marianne Frost and Brooke Conner, Guardians Ad Litem and Conservators for Zachary Conner, a Minor, Appellant, v. Michael Brian, current attorney for Marianne Frost and Brooke Conner, Guardians Ad Litem and Conservators for Zachary Conner, a Minor, Respondent. In the Matter of the Conservatorship for Zachary Conner, a Minor. Timothy J.P. O'Connor, former attorney for Marianne Frost, Brooke Conner, and Mike Conner, Guardians Ad Litem and Conservators for Zachary Conner, a Minor, Appellant, v. Michael Brian, current attorney for Marianne Frost, Brooke Conner, Mike Conner, Guardians Ad Litem and Conservators for Zachary Conner, a Minor, Respondent.

Court of Appeals of Oregon.

Decided July 5, 2001.

Attorney(s) appearing for the Case

Clayton C. Patrick, Salem, argued the cause and filed the briefs for appellant.

Gary L. Simms, Ashland, argued the cause and filed the brief for respondent.

Before HASELTON, Presiding Judge, and WOLLHEIM, Judge, and VAN HOOMISSEN, Senior Judge.

HASELTON, P.J.

This appeal arises from a dispute between two attorneys over the division of fees generated from the settlement of the underlying personal injury action. Appellant Timothy O'Connor, a California lawyer, assigns error to several rulings including, most significantly: (1) the trial court's preclusion of O'Connor's participation by telephone in an evidentiary hearing on the fee dispute because of O'Connor's conduct during that proceeding; (2) the trial...

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