"We find the Accused not guilty of the first charge." To prove a charge of violation of DR 5-104(A), the Bar must show: (1) that the person with whom a lawyer has entered a business transaction was a client of the lawyer at the time of the transaction, see In re Geurts, 280 Or. 303, 570 P.2d 652 (1977); (2) that the attorney and the client have different interests in a business transaction, cf. In re Tonkon, 292 Or. 660, 666-67, 642 P.2d 660 (1982); and (3) that the client expects the lawyer to exercise his professional judgment in the transaction for the protection of the client, see In re Moore, 299 Or. 496, 506, 703 P.2d 961 (1985).
"* * * * *. "In regard to John Losey, the Accused cites In Re Geurts, 280 Or. 303 (1977). It is not applicable.