 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
State ex rel Oklahoma Bar Association v. Funk4/5/2005
the respondent therein improperly managed his attorney trust account, was a six month suspension from the practice of law and imposition of costs of the proceedings. In rejecting this recommendation, we stated:
" . . . a six month suspension would accomplish nothing in furtherance of our goals. While we cannot excuse Respondent's behaviors, we find that he is unlikely to repeat his offenses. Suspension is unnecessary to protect the public or the integrity of the courts. Respondent's behaviors are less egregious than those of attorneys who have been suspended for six months. We therefore reprimand [Respondent] and admonish him that improprieties in clients' financial matters will not be condoned. We order that Respondent bear the costs of this proceeding in the amount of $319.40.
State ex rel. Oklahoma Bar Ass'n. v. Dunlap, 1994 OK 81, 25, 880 P.2d 364, 368.
Similarly, in State ex rel. Oklahoma Bar Ass'n. v. Johnston, 1993 OK 91, 863 P.2d 1136, one of the allegations against the respondent was mishandling of funds. In Johnston, the parties agreed that the respondent did not intend to misappropriate his clients' money. The Professional Responsibility Tribunal also agreed, concluding his misconduct stemmed from his ignorance of proper procedures for holding and distributing monies entrusted to him. Johnston, 1993 OK 91, 26, 863 P.2d 1136, 1144. However, the respondent in Johnston also violated other Rules, involving additional misconduct not relevant to our instant discussion. In Johnston, we suspended the respondent from the practice of law for four months and ordered that he pay costs in full, prior to reinstatement.
AVAILABLE MITIGATION
Respondent offers the following evidence for purposes of mitigation. Respondent never has been disciplined by the Oklahoma Supreme Court, the California Supreme Court, or the Professional Responsibility Tribunal, during his 26 years of practice. Respondent never has been the subject of a grievance referred by the office of General Counsel for investigation. Witnesses spoke highly of Respondent at the hearing on this matter, before the Professional Responsibility Tribunal. In addition, Respondent served his country in the military. Finally, no one suffered financially as a consequence of Respondent's conduct.
We may consider mitigating circumstances in evaluating Respondent's conduct, and in assessing the appropriate discipline. State ex rel. Oklahoma Bar Ass'n v. Taylor, 2000 OK 35, 4 P.3d 1242, 1255. In mitigation of Respondent's mishandling of his trust account in October 1999, he offers extenuating family circumstances, including three deaths and several hospitalizations of close family members. Respondent sought medical assistance in August 1999 as a result, and was placed on medication for depression. In addition, Respondent offers that he has implemented a review of procedures for client trust funds and now utilizes a computer system, to insure accurate and timely information so that mishandling of his client trust account will not occur again. Further, we note that Respondent fully cooperated throughout the course of the investigation and prosecution of this matter. He also accepts full responsibility for his actions in allowing his client trust account to dip below the balance reflecting the amount of the Travelers' settlement check, and for allowing the account to become overdrawn. Indeed, he has taken steps to insure this never happens again. There is no indication that Myers was harmed by Respondent's representation, and no allegation to that effect.
Accordingly, we hold that Respondent mismanaged the funds in his client trust account when he allowed the balance to dip be
Page 1 2 3 4 5 6 7 8 9 10 11 12 Oklahoma Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|