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

1997 OK 119, 957 P.2d 1174, 68 O.B.A.J. 3105, 1997 Okla. LEXIS 111, 1997 WL 610371
CourtSupreme Court of Oklahoma
DecidedSeptember 30, 1997
DocketSCBD 4208, OBAD 1274
StatusPublished
Cited by8 cases

This text of 1997 OK 119 (State Ex Rel. Oklahoma Bar Ass'n v. Wright) 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. Wright, 1997 OK 119, 957 P.2d 1174, 68 O.B.A.J. 3105, 1997 Okla. LEXIS 111, 1997 WL 610371 (Okla. 1997).

Opinions

SIMMS, Justice:

¶ 1 An amended nine count complaint against Mark Aaron Wright, was filed by the Oklahoma Bar Association alleging neglect of client matters, failure to communicate and keep clients adequately informed, failure to appropriately safeguard client funds, failure to respond to grievances when so directed, and professional misconduct pursuant to Rule 8.4 of the Rules of Professional Conduct. 5 O.S.1991, Ch. 1, App.3-A.

¶ 2 After a hearing before the Professional Responsibility Tribunal, the tribunal found by clear and convincing evidence that Respondent violated Rules 1.3, 1.4, 1.5, and 8.4(b), (c) and (d) of the Oklahoma Rules of Professional Conduct. State, ex rel. Oklahoma Bar Ass’n v. Braswell, 1983 OK 63, 663 P.2d 1228, 1232 (misconduct charges against an attorney must be established by clear and convincing evidence before discipline may be imposed). The tribunal recommended discipline in the form of a minimum two year and [1175]*1175one day suspension and the requirement that should Respondent resume the practice of law at the conclusion of his suspension he be subject to specific guidelines, so that the public might be protected in the future.

¶3 Both Respondent and the OHahoma Bar Association filed briefs. Respondent requesting the opportunity to continue his practice under conditions that he continue medical supervision and treatment for depression and agree not to practice by himself, but with at least one other attorney who could provide back-up support to clients in the event Respondent was unable to attend to the affairs of his practice. The Bar Association requests disciplinary suspension for a minimum of two years and one day, in keeping with the recommendations of the disciplinary tribunal.

¶ 4 The facts precipitating discipline against Respondent began to unfold in November and December of 1995, as Respondent was conducting a series of client recruitment seminars under the firm name of Estates/trusts, Inc., in which Respondent lectured about estate planning to prospective groups of clients. Most of the eight sets of clients listed in the counts below were retirees who attended one of Wright’s seminars toward the end of 1995.

Count I

¶5 Count one concerns the grievance of Mr. and Mrs. Epple. Mr. and Mrs. Epple attended one of Respondent’s seminars in late November 1995. The couple met with Respondent several days later at a local restaurant and retained him, signing a joint representation agreement and retainer agreement, for the purposes of planning their estate. At the time the Epples retained Respondent they made Respondent aware of the fact that Mrs. Epple had serious health considerations, making the expeditious completion of their estate documents very important. The Epples paid a retainer of $1500.00, made in three installment payments from December 1995 to February 1996.

¶ 6 Mr. Epple testified that he had satisfactory communication with Respondent’s office xmtil the legal assistant left the office in January or February 1996; from that point forward communication ceased. The Epples even made an attempt to contact Respondent in person, traveling from Muskogee to his Tulsa office in March 1996. Mr. Epple testified that he found the office to be closed and locked with no apparent office hours kept. He left a note, taped to the door, asHng Respondent to contact him. He received no response. In May of 1996, Mr. Epple filed a grievance with the OHahoma Bar Association, expressing his dissatisfaction with having paid respondent for services that were not rendered. Wright never responded to the Epples’ grievance as Complainant requested.

¶ 7 Telephone records introduced on behalf of Respondent indicate Respondent’s office made two phone calls to the Epples at the end of February 1996 and three calls in March 1996. Mr. Epple did not recall the phone calls. Further, it is not clear from the phone records whether the calls were simply messages, nor is their any indication of whether Mr. or Mrs. Epple had received the call. Mrs. Epple did not testify.

¶8 The Epples received a form letter from Respondent’s office in August 1996, stating that Wright’s firm, Estates/trusts, Inc., retained the services of a new, young associate to finalize the estate work begun by Respondent. The Epples responded with a September 11,1996 letter, declining the offer to conclude their estate matters with the new associate, due to the months with no contact and requested a refund of their retainer.

¶ 9 The Epples received estate documents from Respondent’s office with a letter dated September 23, 1996, apparently ignoring the Epple’s September 11, 1996 correspondence.

¶ 10 In another letter dated September 26,1996, the Epples reiterated their desire to terminate the agreement and requested a return of their originals and the retainer. Approximately five months later, Respondent’s counsel began making arrangements for the restitution of the Epple’s fee with the local district attorney.

Count II

11 Count two of the Amended complaint against Respondent corresponds to the [1176]*1176grievance allegations of Mr. and Mrs. R. King. Mr. R. King met Respondent through his brother, Mr. D. King, who had earlier attended a seminar conducted by Respondent. In October 1995, Mr. and Mrs. R. King retained Respondent to prepare trust documents and plan their estate, signing a written joint representation agreement, a retainer agreement and paying Respondent $1500.00. Mr. King testified that he never saw or spoke to Respondent again after their initial meeting in October 1995, despite repeated attempts to make contact with Respondent. Phone records provided by Respondent indicate that Respondent’s office contacted Mr. and Mrs. R. King in November 1995. Mr. R. King testified he had no memory of such a call and Mrs. King did not testify. What remains undisputed is the fact that Mr. and Mrs. R. King paid $1500.00 for legal services they did not receive.

¶ 12 In a notarized letter to Respondent, dated December 12, 1995, Mr. and Mrs. R. King requested the representation agreement between themselves and Respondent be terminated and their money be refunded. Ultimately, the Kings submitted a complaint to the Oklahoma Bar Association in late December 1995. Despite requests by Complainant to respond to the King’s grievance, Respondent did not do so. The Kings never received the trust documents requested.

Count III

¶ 13 Count three of the complaint addresses the grievance of Mr. D. King, brother of Mr. R. King. Mr. D. King retained Respondent, via written contract in August 1995 and was assured he would receive his trust documents within a timely fashion, although Mr. King testified he did not recall a certain due date being discussed. Mr. D. King paid $1600.00 for Respondent’s services. The materials were eventually supplied, more than five months after Mr. D. King retained respondent.

¶ 14 Mr. D. King made numerous attempts to contact Respondent, even traveling to Respondent’s Tulsa office in December 1995 with his brother, Mr. R. King, only to find the office unattended. After repeated attempts to reach Respondent throughout November and December 1995, Respondent’s legal assistant returned Mr. D. King’s phone call on December 20,1995. Respondent then called Mr. D. King back to answer some of his questions and concerns on January 3, 1996, as had been previously scheduled through the legal assistant.

¶ 15 Mr. D. King received his trust documents in January 1996. While Mr.

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Bluebook (online)
1997 OK 119, 957 P.2d 1174, 68 O.B.A.J. 3105, 1997 Okla. LEXIS 111, 1997 WL 610371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-oklahoma-bar-assn-v-wright-okla-1997.