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In re Reinstatement of Bradley9/14/1993
directives in mind, we now examine the evidence adduced in the present proceeding.
The OBA's original three-count complaint arose from the applicant's actions surrounding a trust agreement, a personal injury suit and a workers' compensation action. Regarding Count I, this Court found that the applicant willfully breached his fiduciary duty as trustee of the four trusts set up by the trust agreement. The trusts contained an aggregate total of $60,000.00 plus interest. The evidence established that the applicant failed and refused to provide annual status reports, as required under the agreement, to the mother of the four minor children for whom the trusts had been established. Regarding Counts II and III, this Court found the applicant guilty of converting client funds.
At the time of his disbarment, the applicant had been practicing law in this state for approximately twenty four years. The record indicates that the applicant had been a creative advocate who often represented clients in unpopular cases. There is also evidence that, prior to his disbarment, the applicant repaid the funds which were the subject of Counts II and III of the OBA's original complaint. However, it is undisputed that the applicant misappropriated the funds of the trust that was the subject of Count I, and that he has never made any attempt to repay those funds.
Initially, the applicant claims in his brief that no misappropriation of the trust funds occurred and that such an allegation cannot serve as a basis for refusing his application for reinstatement. He also contends that there has never been any allegation of wrongful misuse of the trust funds and boldly proclaims that there has been "certainly no proof thereof." The record clearly refutes these arguments. During reinstatement proceedings, the applicant admitted for the first time that he converted the trust funds by giving some of the money to an associate and using the remaining money for himself. He admitted that he lied during his disciplinary proceeding regarding the safekeeping of the trust funds and the evidence indicates that he never provided the OBA with an accounting of the trust funds. As the OBA correctly argues, these facts made it impossible to allege, let alone prove, conversion of the funds at the time of the applicant's disciplinary proceeding.
The applicant has made no effort to contact or repay the children whose funds he converted. Although the applicant admits that he has a "moral obligation" to restore the funds, he contends his inaction regarding repayment is due solely to a lack of demand by the children. We deem this excuse insufficient. Few breaches of ethics are as serious as the unwarranted use of a client's money. State ex rel. Oklahoma Bar Ass'n v. Raskin, 642 P.2d 262, 267 (Okla. 1982). The applicant admitted that he misappropriated the trust funds. Although we acknowledge that the applicant has had limited employment since his disbarment, the lack of any attempt at restitution is certainly germane to this proceeding. See Disciplinary Proceeding Rule 11.4.
The applicant also admits that he has failed to file income tax returns since 1984, despite acknowledging that there may be some liability for taxes and for filing during that period. The record is insufficient to determine whether the applicant does in fact have such obligations. With such important information left unresolved, we believe that the applicant has not met his burden of showing that he is presently fit for reinstatement.
The trial panel found that the applicant proved by clear and convincing evidence that he has not engaged in any unauthorized practice of law during the period of his disbarment. The e
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