State Ex Rel. Oklahoma Bar Association v. Kinsey

2009 OK 31, 212 P.3d 1186, 2009 Okla. LEXIS 30, 2009 WL 1303247
CourtSupreme Court of Oklahoma
DecidedMay 12, 2009
DocketSCBD-5448
StatusPublished
Cited by144 cases

This text of 2009 OK 31 (State Ex Rel. Oklahoma Bar Association v. Kinsey) 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 Association v. Kinsey, 2009 OK 31, 212 P.3d 1186, 2009 Okla. LEXIS 30, 2009 WL 1303247 (Okla. 2009).

Opinions

TAYLOR, V.C.J.

T1 In this attorney disciplinary proceeding, we must decide whether the record is [1189]*1189sufficient for our de novo consideration of the alleged professional misconduct, whether professional misconduct is established by clear and convincing evidence, and whether a twelve-month suspension is appropriate discipline. We conclude that the record is sufficient for our de novo inquiry, that there is clear and convincing evidence of professional misconduct, and that the appropriate discipline is suspension for a period of twelve months from the date this opinion becomes final.

I. Facts and Proceedings

12 On October 18, 2008, a trial panel of the Professional Responsibility Tribunal of the Oklahoma Bar Association (PRT), conducted an evidentiary hearing on the complaint filed by the Oklahoma Bar Association (Bar Association) against Leah McCaslin Kinsey (Kinsey), OBA No. 16688, alleging violations of the Oklahoma Rules of Professional Conduct (ORPC), 5 0.S$.2001, ch. 1, app. 3-A, and the Rules Governing Disciplinary Proceedings (RGDP), 5 0.8.2001, ch. 1, app. 1-A. The PRT"s record (record) reveals the following facts and proceedings.

T3 Kinsey was admitted to membership in the Bar Association in September of 1995. Kinsey worked as an associate attorney on salary with the law firm of Richards, Paul, Richards & Siegel (Paul Law Firm) from October of 1995 until her resignation from the firm on January 31, 2008. During the time of the alleged professional misconduct, Kinsey worked directly for attorney John R. Paul.

T4 In June of 2008, John R. Paul and Kinsey prepared and jointly submitted an ethics report on Kinsey to the general counsel of the Bar Association. According to the report, John R. Paul consulted with his firm's counsel and the ethics counsel at the Bar Association and determined that the ethics report should be made to the Bar Association.1 The substance of the report reads:

In early 2008, John R. Paul asked Ms. Kinsey about an apparent billing irregularity. The next day it was confirmed by Ms. Kinsey that she had been turning in time and expense reports on cases for clients of the law firm, which time and expenses were false. Ms. Kinsey having admitted to these false submittals resigned her employment from the law firm effective January 31, 2008.
An audit by the law firm confirmed that on 13 occasions, Ms. Kinsey turned in time entries to be billed to clients, for trips made out of town including preparation time and work done, when that work was not performed. Further, as these time entries involved out of town travel, Ms. Kinsey also turned in expense reimbursement requests, for reimbursement to her of alleged mileage/tolls/travel expenses. Ms. Kinsey has confirmed that these time and expense entries were not in fact incurred.
The law firm has credited/reimbursed to the clients the time and travel reports turned in by Ms. Kinsey for that time/expense it has determined to be was (sic) false. The total amount of that reimbursement was $15,697.70. Of this amount, $2,072.70 was for travel related expenses that had been paid by the firm to Ms. Kinsey. A request was made by the Paul Law Firm that Ms. Kinsey return those expense funds and she has paid back to the firm the amount of those travel related expenses of $2,072.70.

¶5 The Bar Association treated the ethics report on Kinsey as a grievance by John R. Paul, opened a formal investigation, and gave notice thereof to John R. Paul and Kinsey by letters dated June 24, 2008.2 Kinsey re[1190]*1190sponded to the grievance by letter dated July 11, 2008.3

¶ 6 In her response, Kinsey stated that she did not dispute any facts in the grievance, that she takes full responsibility for her improper actions, and that she wanted to provide background information for a better understanding of her situation. Kinsey explained that she is a perfectionist with high expectations of herself and that she encountered various stress-generating cireum-stances during the time she made false billing and travel claims to the Paul Law Firm. Those stressful cireumstances included her job as an associate attorney, her children (a kindergartner and an infant), her family's need to change residences (move to a larger residence), her husband's unexpected loss of employment, and her need for personal time.

T7 The Bar Association requested documentation of the false time billings and expense claims. By letter dated July 24, 2008, John R. Paul documented thirteen occasions over a period of about fifteen months that Kinsey turned in time entries to be billed to clients for trips made out of town, including preparation time and work done, when the trips were not made and the work was not performed. On August 25, 2008, the Bar Association filed the Rule 64 complaint against Kinsey.

T8 The complaint alleged that from August 16, 2006, until November 16, 2007, Kinsey turned in false and fraudulent billing and travel expenses on thirteen occasions that were billed to clients in the total amount of $15,697.70, of which $2,072.70 was paid directly to Kinsey for travel expenses and that Kinsey's conduct violated Rule 1.55 of the ORPC (by charging unreasonable fees and expenses); Rule 1.156 (by failing to protect client property); Rule 8.4(a), (b), and (c)7 of the ORPC (by engaging in dishonest acts that reflect adversely on the lawyer); and Rule 1.3 8 of the RGDP (by discrediting the legal profession). On September 12, 2008, Kinsey filed an answer to the complaint specifically admitting that the allegations of false and fraudulent billing and travel expense claims were true, specifically answering that she would schedule a false appointment without informing the Paul Law Firm in order to arrange a day off and then submit false billing and expense reports for these false appointments, specifically admitting that her conduct violated the ORPC and the RGDP, and asking for a private reprimand.

T9 At the hearing before the PRT, the Bar Association and Kinsey jointly offered [1191]*1191and the PRT admitted into the record the above-identified materials and filings. The parties also offered and the PRT admitted into the record the parties' stipulations that if John R. Paul appeared as a witness, he would testify that 1) Kinsey is a good attorney, 2) he would not have filed the ethics report except for advice of counsel, 3) he was shocked to hear about the false billing and travel claims which were out of character for Kinsey, 4) he does not believe discipline is warranted, and 5) Kinsey has taken full responsibility for her actions, has cooperated in the internal audit and transfer of caseload, and has made full restitution of the $2,072.70 in false travel claims.

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Bluebook (online)
2009 OK 31, 212 P.3d 1186, 2009 Okla. LEXIS 30, 2009 WL 1303247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-oklahoma-bar-association-v-kinsey-okla-2009.