In Re Schenck , 320 Or. 94 ( 1994 )

UNIS, J.,

concurring in part and dissenting in part.

I join in the court’s opinion in all respects, except the finding that the accused violated DR 7-104(A)(l). To find a violation of DR 7-104(A)(l), the court must find by clear and convincing evidence that the accused (1) communicated or caused to communicate (2) with a person represented by counsel (3) whom the accused knows to be represented by counsel (4) on the subject of the representation or directly related subjects. In my view, the Bar has failed to establish by clear and convincing evidence that the accused violated DR 7-104(A)(l).