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

1987 OK 78, 746 P.2d 1130, 1987 Okla. LEXIS 286, 1987 WL 2625
CourtSupreme Court of Oklahoma
DecidedJuly 21, 1987
DocketS.C.B.D. 3303
StatusPublished
Cited by21 cases

This text of 1987 OK 78 (State Ex Rel. Oklahoma Bar Ass'n v. Bradley) 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. Bradley, 1987 OK 78, 746 P.2d 1130, 1987 Okla. LEXIS 286, 1987 WL 2625 (Okla. 1987).

Opinions

PER CURIAM:

A three count complaint was filed by the Oklahoma Bar Association against the respondent on October 31, 1985 alleging the following:

COUNT I

In August of 1977 respondent was employed to prepare four trust agreements in which respondent was named trustee. Over the next four years a total of $60,000 was deposited in the four trusts. In 1978 and ’79 respondent provided annual status reports as required under the agreement. Thereafter respondent wholly failed and refused to provide annual status reports.

COUNT II

The respondent accepted employment in a personal injury suit. An agreed settlement of $5000.00 was reached. The check was jointly made out to respondent and his client. Respondent indicated that he would run the check through his trust account. He issued his client a check in the amount of $3,333.33 and the check was returned by the bank and stamped insufficient funds. Therefore Count II alleges conversion of the client’s funds by the respondent.

COUNT III

Respondent was hired to represent an individual in a worker’s compensation action. There was a lump sum payment of $19,257.00. The draft was made out to respondent and to his client. Respondent indicated again that he needed to deposit the same in his trust account. Respondent was entitled to 20 percent of the amount of the claim check. Respondent paid $8,000.00 in cash to his client. Respondent then issued the client a check for $7,086.00 which was returned stamped “Insufficient Funds.” When pressed for the remaining proceeds owed, respondent told the client that he had spent some $7,000.00 in a private real estate transaction and that the money had not been returned to the account. As a result criminal prosecution was commenced in Tulsa County and the respondent pled guilty to the crime of Embezzlement by Trustee, CRF-85-466, in connection with the same matter. Respondent received a deferred sentence and one year probation after he had made restitution to his client. Respondent has admitted the truth of the allegations in a response of the Oklahoma Bar Association. Count III also alleges conversion of a client’s fund.

HEARING

The matter came on for hearing on February 10, 1986 and also on May 12, 1986. The complainant presented its evidence and the respondent declined to offer evidence. The Trial Panel found with respect to Count I that the respondent had a fiduciary duty to account and that his refusal and failure to account was a willful breach of [1132]*1132that duty and that such willful breach of a fiduciary duty adversely reflects on his fitness to practice law. The Panel found that the respondent had violated DR 1-102(A)(6).

With respect to Count II, the Panel found that all the provisions relied upon in the complaint, DR 1-102(A)(1), (4) and (6), DR 7-101(A)(2) and (3) DR 9-102(A) and (B) and Rule 1.04 of the Rules Governing Disciplinary Proceedings have been violated and that there were grounds for professional discipline under each provision.

With respect to Count III the Panel found that respondent’s conduct was in violation of all the subdivisions relied on by the complaint of DR 1-102, DR 1-101, DR 9-102 and Rule 1.04 of the Rules Governing Disciplinary Proceedings. Therefore, the recommendation of the Trial Panel was that the respondent be disbarred from the practice of law and his name be stricken from the roll of attorneys of the State of Oklahoma.

Respondent puts forward certain arguments in opposition to the findings and recommendation of the Trial Panel. His first proposition is that this court has lost jurisdiction of this matter. This argument is predicated on the fact that the hearing before the Trial Panel was concluded on May 12, 1986. The report of the Trial Panel was filed on July 31, 1986, approximately 80 days from the date the hearing concluded. Rule 6.13, Rules Governing Disciplinary Proceedings states:

“Report by Trial Panel. Within thirty (30) days after the conclusion of the hearing, the Trial Panel shall file with the Clerk of the Supreme Court a written report which shall contain the Trial Panel’s findings of fact on all pertinent issues and conclusions of law (including a recommendation as to discipline, if such is found to be indicated, and a recommendation as to whether the cost of the investigation, record and proceeding should be imposed on the respondent),. ...”

The 30 day period referred to above may be extended only by Chief Justice for good cause shown.

Respondent argues that because the Trial Panel report was filed approximately 80 days from the conclusion of the hearing and there appears to be no request or order for extension, this court has lost jurisdiction of this matter. Respondent cites no authority in support of his position.

Although there is not an Oklahoman case that directly addresses the issue of the failure to file within the 30 day period without an extension of time by the Chief Justice, the complainant Oklahoma Bar Association directs our attention to certain cases dealing with the issue of delay in disciplinary proceedings. In State ex rel. OBA v. Bill G. Lowe, 640 P.2d 1361 (Okl.1982) this Court addressed the claim by Mr. Lowe that disciplinary proceedings should be dismissed against him on the basis of improper jurisdiction and procedure because of the long delay in conducting the trial. This court stated:

“We do not condone, by this decision, unjustified delays of this length. However, in the absence of any proof of even minimal prejudice, the public interest in the ethical practice of law outweighs any blind devotion to procedure.” Id. at 1362.

In State ex rel. OBA v. Brandon, 450 P.2d 824 (Okl.1969) this Court stated:

“This Court has consistently held that disbarment proceedings are inquiries for the protection of the courts, the public and the profession, and that the strict rules of procedure should be relaxed to the end that the attorney’s fitness to continue in a profession should be determined on the legal and ethical merits.” Id. at P.2d 828.

With respect to the jurisdiction of this court in the discipline of lawyer, Rule 1.1, Rules Governing Disciplinary Proceedings states:

“Declaration of jurisdiction. This court declares that it possesses original and exclusive jurisdiction in all matters involving admission to persons to practice law in this state, and to discipline for cause, any and all persons licensed to [1133]*1133practice law in Oklahoma_” (Emphasis added).

Although the rules provide guidelines for conducting disciplinary proceedings, failure to follow these to the letter would not divest this Court of jurisdiction. We find therefore that although we disapprove of such delay, the delay in and of itself did not divest this court of jurisdiction of this matter.

The second proposition advanced by the respondent is that the issue of the accounting was not within the purview of the Oklahoma Bar Association or this court to discipline him. He maintains that the OBA and the Trial Panel had no authority to order him to provide them with a copy of the accountings in certain private trusts. Respondent had drafted four trust documents and became the trustee of the four trusts and as a result received $60,000.00.

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Cite This Page — Counsel Stack

Bluebook (online)
1987 OK 78, 746 P.2d 1130, 1987 Okla. LEXIS 286, 1987 WL 2625, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-oklahoma-bar-assn-v-bradley-okla-1987.