Legal Ethics

Lawyer Who Shot Up Co-Counsel's Office Given... 5-Year Suspension?

This seems too light, but the court has its reasons.

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In 2017, Portland-area attorney Erik Graeff engaged in a profanity-laced dispute with co-counsel Terry Hogan. After advising Hogan not to “suck too many reindeer [expletive] over the holiday,” along with some implied threats of violence, Hogan replied, “You know where I am tough guy.”

This was an error in judgment, as Graeff proceeded to drive to Hogan’s office and fire six bullets into the building. No one was harmed, though Graeff did just miss an administrative assistant still in the building at the time.

A subsequent search of Graeff’s home found meth and evidence suggesting he was trying to make his own because lawyers are nothing if not prodigious researchers.

He was sentenced to 18 months in 2019 and the state of Washington disbarred him, but the Oregon Supreme Court has taken a different path. Per the ABA Journal:

Graeff has been disbarred in Washington, but the Oregon Supreme Court instead opted for its toughest suspension. The court cited several mitigating factors supporting suspension, rather than disbarment. They included Graeff’s personal circumstances, his otherwise clear disciplinary record, his punishment for the crime, and his payment to the insurance company for the damage caused to the law office.

That seems a tad light for going GTA V on a lawyer’s office. But the state supreme court considered Graeff’s PTSD diagnosis as an Iraq War vet and the substance abuse problems it caused. If Graeff’s time away has helped him overcome those issues in the eyes of the court, then there’s no reason he should be stripped of his livelihood completely.

It’s a bold move. It’s not entirely clear it’s the best move. But it’s a compassionate move taken in light of someone’s totality of circumstances, and that’s all we can ask of judges. Let’s hope this decision pans out.

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Lawyer gets 5-year suspension for firing gun into colleague’s law office [ABA Journal]

Earlier: When A Snippy Cease And Desist Letter Just Won’t Do — Lawyer Accused Of Shooting Up Adversary’s Office
Lawyer Accused Of Shooting Up Another Lawyer’s Office Now Accused Of Running A Meth Lab… As One Does

HeadshotJoe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.

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