Poppin

I. BACKGROUND

Infill, a real estate investment firm, retained Poppin to represent it in a Chapter 11 bankruptcy proceeding in March 2003. The sole general partner of Infill was Winterspring Structures LLC (Winterspring), and the managers of Winterspring were CDC and a trust controlled by Peter M. Radin, Jr. Cresson was the president of CDC.

1 Cresson represented himself in the trial court and continues to represent himself on appeal.

1 Poppin drafted a fee agreement, as well as an “Agreement of Winterspring, Radin and Cresson to Pay Attorneys and Experts and Consultants” in relation to Poppin’s representation of Infill (Guaranty). The Guaranty called for Cresson’s signature (as president of CDC on behalf of both Winterspring and CDC) and for Radin’s signature. Poppin asked Cresson to personally guarantee payment of his fees (including costs), but Cresson refused and told Poppin, “ ‘[D]on’t worry about it. [CDC] is good for it.’ ” Poppin accepted Cresson’s representation and made no personal investigation into CDC. In fact, CDC, an Oregon corporation, had been “administratively dissolved” in Oregon in 2000 for failure to file its annual report or pay its annual fee, and it…