State Ex Rel. Oklahoma Bar Ass'n v. Bedford

1997 OK 83, 956 P.2d 148, 1997 Okla. LEXIS 94, 1997 WL 381868
CourtSupreme Court of Oklahoma
DecidedJuly 8, 1997
DocketSCBD 4109
StatusPublished
Cited by23 cases

This text of 1997 OK 83 (State Ex Rel. Oklahoma Bar Ass'n v. Bedford) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Ex Rel. Oklahoma Bar Ass'n v. Bedford, 1997 OK 83, 956 P.2d 148, 1997 Okla. LEXIS 94, 1997 WL 381868 (Okla. 1997).

Opinions

WATT, Justice.

¶ 1 The Oklahoma Bar Association filed a complaint against respondent, Ernest A. Bedford, alleging two counts of professional misconduct. The two counts charged various violations of the Oklahoma Rules of Professional Conduct (“ORPC”), 5 O.S.1991, Ch. 1, App. 3-A. At the conclusion of a hearing, the Trial Panel found that all but one of the allegations against respondent had been proved by clear and convincing evidence. The Panel recommended that respondent be suspended from the practice of law for a period of two years and that he be assessed the costs of these proceedings. The OBA argues that all of the alleged violations were proved by clear and convincing evidence and urge that respondent be suspended for a minimum of two years and one day.

¶2 In bar disciplinary proceedings, this Court exercises exclusive original jurisdiction as a licensing court. State ex rel. Oklahoma Bar Ass’n. v. Gasaway, 810 P.2d 826, 830 (Okla.1991). The ultimate responsibility for deciding whether misconduct has occurred and what discipline is appropriate rests with this Court. Id. “Before we may impose discipline upon an attorney, the charges must be established by clear and convincing evidence.” Id., citing Rule 6.12 of the Rules Governing Disciplinary Proceedings (“RGDP”), 5 O.S.1991, Ch. 1, App. 1-A; State ex rel. Oklahoma Bar Ass’n v. Braswell, 663 P.2d 1228, 1232 (Okla.1983). On de novo review of the record, see State ex rel. Oklahoma Bar Ass’n v. Wolfe, 1996 OK 75, ¶ 26, 919 P.2d 427, 432, we find by clear and convincing evidence that respondent has vio[150]*150lated ORPC Rules 1.15(a), (b) & (c), 3.1, 4.1(b), 8.1(a) and 8.4(a), (c) & (d).

FACTS

¶ 3 Respondent represented a client, Mr. Harrison, in a personal injury matter that was settled during the month of November, 1994. The parties settled the case for $10,-000, the policy limits of the tortfeasor’s insurance policy. The insurance carrier, Windsor Group, mailed a draft in that amount to respondent on November 21, 1994, naming respondent and Harrison as payees. Windsor inadvertently omitted as payees on the draft two medical providers who possessed valid liens that had been perfected on the proceeds of any settlement of the claim. Those Hens covered hospital and medical bills incurred by Harrison as a result of the injuries he suffered in the accident from which the personal injury claim arose. The Hens totaled nearly $20,000.00. Notice of the hospital’s Hen, which alone exceeded $17,000.00, was received in respondent’s office on June 6, 1994, and signed for by his receptionist. Respondent’s staff at that time consisted of only the receptionist and himself.

¶4 On Wednesday, November 23, 1994, the day before Thanksgiving, respondent and Harrison appeared together at State Bank and Trust in Tulsa and negotiated the draft for cash. Harrison received $8,000.00, while respondent retained $2,000.00 as an attorney fee. On or about the same day, Valerie Atkinson, a claims representative for Windsor, discovered the medical Hens and realized that the medical providers had been erroneously omitted as payees on the draft. She then attempted unsuccessfully to reach respondent by telephone that day to inform him of the error.

¶5 On Friday and Saturday, November 25 and 26,1994, respondent closed five of the six accounts he held at State Bank and Trust. The closed accounts consisted of a corporate operating account, two corporate trust accounts, a personal account and an account for a separate business. The total amount withdrawn from those accounts totaled over $15,-000.00. The remaining open account was one which respondent co-owned with three other people.

¶ 6 On Monday, November 28, 1994, Atkinson left a message for respondent on his voice mail advising him that the Hens had been discovered and that she had issued a “stop payment” order on the draft. Later that day or the next day, Atkinson and respondent spoke by telephone. Testimony was conflicting as to whether, during that conversation, respondent told Atkinson that the draft had been negotiated for cash or had merely been presented for coUection through ordinary banking channels. The parties did agree, however, that Atkinson told respondent that she would reissue a second draft in the amount of $10,000.00 naming as payees the two Hen holders, respondent and Harrison. Apparently, respondent said nothing to discourage the issuance of a second draft. Atkinson testified that she would never have issued a second draft if respondent had told her that he had already cashed the first one.

¶ 7 On November 30, 1994, the second draft with the two medical providers Usted as additional payees was mailed to respondent. He negotiated the outstanding biUs with the two medical providers, obtained their signatures and deposited the draft in a trust account at Bank of Oklahoma.1 Respondent then divided the proceeds of the second draft between himself, Harrison and the two Hen-holders. Respondent gave $6,500.00 to Harrison and a total of $2,403.85 to the medical providers. He kept the remaining $1,096.15 for himself to satisfy an aHeged pre-existing attorney fee debt owed by Harrison for respondent’s representation of him in a bankruptcy ease.

¶8 During the ensuing months, State Bank demanded that respondent repay the dishonored draft plus service charges. Respondent offered to confess judgment as to $2,000.00 and to set up a payment schedule, but the bank decHned the offer and negotiations faltered. On February 13, 1995, respondent commenced an action in Tulsa [151]*151County District Court on his own behalf against Windsor and State Bank. Therein he claimed monetary damages in excess of $10,000.00 as the result of Windsor’s negligence in stopping payment on the first draft. He also sought declaratory relief adjudicating his rights and an order requiring that Windsor indemnify him for any monies owed by him to State Bank. In his pleadings, respondent claimed he had no knowledge of the medical providers’ liens at the time he cashed the first draft. Because respondent apparently never attempted to serve process on Windsor, the claim against the company was eventually dismissed for want of prosecution.

¶ 9 Respondent filed a second lawsuit on behalf of the Harrisons against State Bank, the law firm of Conner & Winters, and Andrew R. Turner. Turner is an attorney with Conner & Winters, the law firm representing State Bank in the first lawsuit, and was the author of the initial complaint filed against respondent with the OBA. The evidence was unclear as to the nature of the second lawsuit.

DISCUSSION

¶ 10 The Trial Panel concluded that the OBA proved all but one of its allegations by clear and convincing evidence. The Panel found that the OBA failed to prove that respondent knew about the medical provider liens at the time he cashed the first draft. After de novo review of the record, we find clear and convincing evidence to establish that respondent had prior knowledge of at least one of the liens when he negotiated the first draft. The evidence supporting this ■ conclusion is summarized below.

11 Initially, we find that respondent had imputed knowledge of the hospital’s lien at the time he cashed the first draft.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

OKLAHOMA BAR ASSOCIATION v. BOYD
2025 OK 30 (Supreme Court of Oklahoma, 2025)
STATE ex rel. OKLAHOMA BAR ASSOCIATION v. BEDNAR
2019 OK 12 (Supreme Court of Oklahoma, 2019)
STATE ex rel. OKLAHOMA BAR ASSOCIATION v. KRUGER
2018 OK 53 (Supreme Court of Oklahoma, 2018)
STATE ex rel. OKLAHOMA BAR ASSOCIATION v. WINTORY
2014 OK 113 (Supreme Court of Oklahoma, 2014)
State ex rel. Oklahoma Bar Ass'n v. Moon
2012 OK 77 (Supreme Court of Oklahoma, 2012)
State Ex Rel. Oklahoma Bar Ass'n v. Townsend
2012 OK 44 (Supreme Court of Oklahoma, 2012)
STATE EX REL. OKLAHOMA BAR ASS'N v. Latimer
2011 OK 78 (Supreme Court of Oklahoma, 2011)
State Ex Rel. Oklahoma Bar Ass'n v. McCoy
2010 OK 67 (Supreme Court of Oklahoma, 2010)
State Ex Rel. Oklahoma Bar Ass'n v. Combs
2008 OK 96 (Supreme Court of Oklahoma, 2008)
State Ex Rel. Oklahoma Bar Ass'n v. Malloy
2006 OK 38 (Supreme Court of Oklahoma, 2006)
State Ex Rel. Oklahoma Bar Association v. Pacenza
2006 OK 23 (Supreme Court of Oklahoma, 2006)
State Ex Rel. Oklahoma Bar Ass'n v. Hummel
2004 OK 30 (Supreme Court of Oklahoma, 2004)
State Ex Rel. Oklahoma Bar Ass'n v. Scroggs
2003 OK 21 (Supreme Court of Oklahoma, 2003)
State Ex Rel. Oklahoma Bar Ass'n v. Minter
2001 OK 69 (Supreme Court of Oklahoma, 2001)
State Ex Rel. Oklahoma Bar Ass'n v. Bolusky
2001 OK 26 (Supreme Court of Oklahoma, 2001)
State Ex Rel. Oklahoma Bar Ass'n v. Bedford
1997 OK 83 (Supreme Court of Oklahoma, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
1997 OK 83, 956 P.2d 148, 1997 Okla. LEXIS 94, 1997 WL 381868, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-oklahoma-bar-assn-v-bedford-okla-1997.