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

2000 OK 57, 11 P.3d 621, 71 O.B.A.J. 1893, 2000 Okla. LEXIS 58, 2000 WL 1004930
CourtSupreme Court of Oklahoma
DecidedJuly 18, 2000
DocketSCBD 4152
StatusPublished
Cited by18 cases

This text of 2000 OK 57 (State Ex Rel. Oklahoma Bar Ass'n v. Jaques) 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. Jaques, 2000 OK 57, 11 P.3d 621, 71 O.B.A.J. 1893, 2000 Okla. LEXIS 58, 2000 WL 1004930 (Okla. 2000).

Opinions

PER CURIAM.

T1 Oklahoma Bar Association [OBA or complainant] initiated disciplinary proceedings against Robert H. Jaques II [respondent] pursuant to Rule 6, Rules Governing Disciplinary Proceedings [RGDP], 5 O.S8. 1991, Ch. 1, App. 1-4. In its five-count complaint OBA alleges that respondent violated Rules 5.3,1 4.1,2 1.153 and 1.3,4 Oklahoma Rules of Professional Conduct [ORPC], 5 0.§.1991, Ch. 5, App. 8-4, and Rule 1.45 [623]*623RGDP. The parties submitted joint stipulations of fact, conclusions of law and an agreed recommendation for discipline to the Professional Responsibility Tribunal [PRT]. In his responses to the original complaint and its amendments respondent acknowledged violations of Rules 5.8, 4.1 and 1.3, ORPC. At the conclusion of an August 31, 1999 hearing the PRT found the respondent had engaged in unethical conduct and recommended a private reprimand.

12 In bar disciplinary proceedings, the Court exercises exclusive original jurisdiction as a licensing court.6 Even though the PRT has earlier considered a complaint and made recommendations, the ultimate responsibility for deciding whether a violation has occurred and what discipline is appropriate rests with this Court.7 In reaching its decision the Court undertakes a de novo review of the record-Le., a review which involves a full-scale evaluation of all relevant facts.8

COUNT I

T8 Respondent organized The Referral Foundation-a law service provider which handled driving violations for truck drivers nationwide. Jaques' brother [John]-an employee of The Referral Foundation-functioned as his law clerk and was given responsibility for ministerial duties in the office. Upon being referred a traffic ticket issued to a truck driver in Nevada, John contacted the Nevada Eastline Justice Court. The Nevada court declined to resolve the matter with him because he was not a lawyer.

4 4 John next secured Nevada counsel [Mr. Bell] to represent the truck driver in an attempt to get the ticket reduced to a non-moving violation. He advised the driver that Mr. Bell would represent him in the matter. It then developed that Mr. Bell did not make the scheduled court appearance on the trucker's behalf and the driver was convicted of a traffic violation. Upon learning of the conviction the State of Illinois-the truck driver's licensing authority-contacted the driver's employer about the Nevada citation.

15 The driver, desirous of resolving the situation with his employer, tried to reach Mr. Bell but was unable to do so. He then contacted John to ask for verification of the Nevada disposition of the ticket. After repeated attempts to reach Mr. Bell, John assumed that Mr. Bell had taken care of the matter and took it upon himself-out of a desire to assist the driver-tfo fabricate an Eastline Justice Court document which reflected that the driver's citation had been amended to a non-moving violation.

T6 Upon receipt of this information from John, the driver's employer contacted the Eastline Justice Court to verify the ticket's resolution causing the Nevada court to discover the fabrication. Upon becoming aware of the Referral Foundation's fraudulent acts the Eastline Justice of the Peace notified the Oklahoma Bar Association of the event.

COUNT II

T7 Jaques represented the co-personal representatives [DeSpain and Willis] of the T.C. Klock estate, Case No. P-94-1255, filed in Oklahoma County District Court, Oklahoma County, Oklahoma. The co-personal representatives are sisters and the only heirs of the Klock estate.

[ 8 A sale of the estate's primary asset, the Klock homestead, was arranged and Lawyers Title Company [LTC] was hired to close the same. Out of a fear that the homestead sale would be lost, both heirs encouraged respondent to expedite closing the sale before a final decree was entered in the probate. With only a few days notice respondent learned from DeSpain's husband that LTC had scheduled the closing on August 11, 1995.

[624]*624T9 LTC notified respondent that it would need certain documents executed by the co-personal representatives as a precondition to closing. Willis-one of the estate's two heirs-was not inclined to travel from California to execute the required closing documents so she authorized her sister to do what was necessary to close the sale, including signing her name to required documents.

1 10 Unbeknownst to respondent LTC also contacted Willis and requested of her (1) a written authorization for DeSpain to act on her behalf at closing and (2) an executed deed. Willis forwarded the signed documents to LTC.

11 Respondent prepared the documents requested by LTC and allowed DeSpain in his presence to sign them not only for herself but also for Willis. He then used the notary seal of a former employee and improperly acknowledged the Willis signature by forging the notary's signature. The fraudulently acknowledged documents were then forwarded to LTC.

{12 Because LTC had recently received documents from California signed by Willis, it knew she did not personally sign the documents proffered by respondent. LTC confronted respondent and aceused him of forgery. At first Jaques denied LTC's accusation but quickly reversed his position and admitted responsibility for the improper acknowledgment.

COUNT III

118 Jaques represented Credit Acceptance Corporation [CAC] in several collection matters. He was to be paid specified rates for his services as well as any court-awarded attorney fees. Respondent primarily brought legal proceedings on CAG's behalf to secure judgments against debtors. The secured judgments included counsel-fee awards.

4 14 Whenever the court clerk's office received payments on judgments, it sent Ja-ques checks for his attorney fees. A dispute arose between CAC and respondent over this procedure because (1) CAC wanted all funds attributable to a judgment paid directly to itself and (2) it wanted to personally reimburse respondent for his attorney fees. While CAC and Jaques attempted to resolve their differences, respondent retained the monies he had received in his trust account.

15 Jaques informed CAC through correspondence that he was going to withdraw his attorney fees from the trust account. When several months had passed and no response to his letter was received, respondent withdrew his fees from the trust account.

116 CAC ultimately sued Jaques and secured a default judgment against him. Later CAC and Jaques settled their differences and exchanged mutual releases. It apparently was never CAC's position that it did not owe attorney fees to Jaques. The essence of their dispute was how the monies were to be paid.

COUNT IV

T17 Jaques [through the Oklahoma Indigent Defense System (OIDS) ] undertook to represent Robin Harris in an appeal from her conviction for capital murder, Respondent did not file an appellate brief (as he represented he would) or take any other action in the case. Harris' appeal was dismissed by the Oklahoma Court of Criminal Appeals [OCCA] because the "Notice of Intent to Appeal and Designation of Record" was not timely filed.

118 Rule 2.1(B), Rules of the Court of Criminal Appeals, 22 0.8.Supp.1994, Ch.

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Bluebook (online)
2000 OK 57, 11 P.3d 621, 71 O.B.A.J. 1893, 2000 Okla. LEXIS 58, 2000 WL 1004930, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-oklahoma-bar-assn-v-jaques-okla-2000.