COMBS, C.J.:
¶1 Respondent Philip M. Kleinsmith (Respondent), OBA No. 13857, is an attorney licensed to practice law in the State of Oklahoma and was admitted to the Oklahoma Bar Association on October 12, 1989. This disciplinary matter comes before the Court pursuant to Rule 7.7 of the Rules Governing Disciplinary Proceedings (RGDP), 5 O.S. Supp. 2015, ch. 1, app. 1-A
, based upon an opinion of the Supreme Court of the State of Colorado affirming Respondent's disbarment from the practice of law.
¶2 The Supreme Court of Colorado determined that Respondent violated Colorado Rules of Professional Conduct (Colo. RPC) 8.4(c) and 1.15A (as well as the former Colo. RPC 1.15(b) ), by committing knowing conversion/misappropriation.
The court determined Respondent knowingly misappropriated roughly $57,338. The amount in question was billed to Respondent's firm Kleinsmith & Associates, PC (in which he was a solo practitioner) by First American Title Company, LLC and First American Title of Montana, Inc. (collectively, First American) for title services in connection with Respondent's representation of a client, U.S. Bank. Respondent obtained the $57,338 from his client U.S. Bank by billing for "title commitment" but proceeded to use the funds U.S. Bank gave him for his firm's unrelated operating expenses rather than paying First American the amount it was owed. First American subsequently filed a lawsuit and obtained a judgment for $55,782 against Respondent's firm, which it has been largely unable to collect.
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¶3 After the instigation of disciplinary proceedings, respondent was disbarred by the Hearing Board and ordered to pay restitution to First American. Respondent subsequently appealed. The Supreme Court of Colorado rejected Respondent's arguments that he did not knowingly convert funds from U.S. Bank because under the Colo. RPC those funds were the property of his firm, not First American. The court also rejected Respondent's constitutional claims concerning his rights to due process and equal protection under the law.
¶4 The opinion of the Supreme Court of the State of Colorado, submitted to this Court by the Complainant pursuant to Rule 7.7(b), RGDP, constitutes the charge and is prima facie evidence that Respondent committed the acts described therein. Rule 7.7(b), RGDP, 5 O.S. Supp. 2015, ch. 1, app. 1-A;
State ex rel. Okla. Bar Assoc. v. Wintory,
2015 OK 25
, ¶ 16,
350 P.3d 131
;
State ex rel. Okla. Bar Ass'n v. Rymer,
2008 OK 50
, ¶ 4,
187 P.3d 725
;
State ex rel. Okla. Bar Ass'n v. Henderson,
1999 OK 29
, ¶ 4,
977 P.2d 1096
. The burden is placed on Respondent to show that the findings forming the basis of the Colorado disbarment were not supported by the evidence or that the findings are not sufficient grounds for discipline in Oklahoma.
Rymer,
2008 OK 50
at ¶ 4,
187 P.3d 725
;
Henderson,
1999 OK 29
at ¶ 4,
977 P.2d 1096
. In an order filed on November 14, 2017, this Court directed Respondent to show cause in writing by December 5, 2017, why a final order of discipline should not be imposed. The November 14, 2017, order also gave Respondent the opportunity to submit a brief or evidence in mitigation as well as a transcript to challenge the Colorado findings. Respondent has failed to respond in any capacity.
¶5 This cause is not the first time Respondent has found himself subject to reciprocal disciplinary proceedings before this Court pursuant to Rule 7.7, RGDP. In
State ex rel. Okla. Bar Ass'n v. Kleinsmith,
this Court publicly censured Respondent based upon discipline in Arizona for negligently filing improper arbitration certificates and for failing to notify the General Counsel of his discipline in Arizona as required by Rule 7.7, RGDP.
2013 OK 16
, ¶ 6,
297 P.3d 1248
.
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COMBS, C.J.:
¶1 Respondent Philip M. Kleinsmith (Respondent), OBA No. 13857, is an attorney licensed to practice law in the State of Oklahoma and was admitted to the Oklahoma Bar Association on October 12, 1989. This disciplinary matter comes before the Court pursuant to Rule 7.7 of the Rules Governing Disciplinary Proceedings (RGDP), 5 O.S. Supp. 2015, ch. 1, app. 1-A
, based upon an opinion of the Supreme Court of the State of Colorado affirming Respondent's disbarment from the practice of law.
¶2 The Supreme Court of Colorado determined that Respondent violated Colorado Rules of Professional Conduct (Colo. RPC) 8.4(c) and 1.15A (as well as the former Colo. RPC 1.15(b) ), by committing knowing conversion/misappropriation.
The court determined Respondent knowingly misappropriated roughly $57,338. The amount in question was billed to Respondent's firm Kleinsmith & Associates, PC (in which he was a solo practitioner) by First American Title Company, LLC and First American Title of Montana, Inc. (collectively, First American) for title services in connection with Respondent's representation of a client, U.S. Bank. Respondent obtained the $57,338 from his client U.S. Bank by billing for "title commitment" but proceeded to use the funds U.S. Bank gave him for his firm's unrelated operating expenses rather than paying First American the amount it was owed. First American subsequently filed a lawsuit and obtained a judgment for $55,782 against Respondent's firm, which it has been largely unable to collect.
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¶3 After the instigation of disciplinary proceedings, respondent was disbarred by the Hearing Board and ordered to pay restitution to First American. Respondent subsequently appealed. The Supreme Court of Colorado rejected Respondent's arguments that he did not knowingly convert funds from U.S. Bank because under the Colo. RPC those funds were the property of his firm, not First American. The court also rejected Respondent's constitutional claims concerning his rights to due process and equal protection under the law.
¶4 The opinion of the Supreme Court of the State of Colorado, submitted to this Court by the Complainant pursuant to Rule 7.7(b), RGDP, constitutes the charge and is prima facie evidence that Respondent committed the acts described therein. Rule 7.7(b), RGDP, 5 O.S. Supp. 2015, ch. 1, app. 1-A;
State ex rel. Okla. Bar Assoc. v. Wintory,
2015 OK 25
, ¶ 16,
350 P.3d 131
;
State ex rel. Okla. Bar Ass'n v. Rymer,
2008 OK 50
, ¶ 4,
187 P.3d 725
;
State ex rel. Okla. Bar Ass'n v. Henderson,
1999 OK 29
, ¶ 4,
977 P.2d 1096
. The burden is placed on Respondent to show that the findings forming the basis of the Colorado disbarment were not supported by the evidence or that the findings are not sufficient grounds for discipline in Oklahoma.
Rymer,
2008 OK 50
at ¶ 4,
187 P.3d 725
;
Henderson,
1999 OK 29
at ¶ 4,
977 P.2d 1096
. In an order filed on November 14, 2017, this Court directed Respondent to show cause in writing by December 5, 2017, why a final order of discipline should not be imposed. The November 14, 2017, order also gave Respondent the opportunity to submit a brief or evidence in mitigation as well as a transcript to challenge the Colorado findings. Respondent has failed to respond in any capacity.
¶5 This cause is not the first time Respondent has found himself subject to reciprocal disciplinary proceedings before this Court pursuant to Rule 7.7, RGDP. In
State ex rel. Okla. Bar Ass'n v. Kleinsmith,
this Court publicly censured Respondent based upon discipline in Arizona for negligently filing improper arbitration certificates and for failing to notify the General Counsel of his discipline in Arizona as required by Rule 7.7, RGDP.
2013 OK 16
, ¶ 6,
297 P.3d 1248
.
¶6 The Supreme Court of Oklahoma possesses a nondelegable, constitutional responsibility to regulate the practice of law and the licensure, ethics, and discipline of legal practitioners in this state.
State ex rel. Okla. Bar Ass'n v. Wintory,
2015 OK 25
, ¶ 14,
350 P.3d 131
;
State ex rel. Okla. Bar Ass'n v. Wilcox,
2014 OK 1
, ¶ 2,
318 P.3d 1114
;
State ex rel. Okla. Bar Ass'n v. McArthur,
2013 OK 73
, ¶ 4,
318 P.3d 1095
. In disciplinary proceedings, this Court acts as a licensing court in the exercise of our exclusive original jurisdiction.
Wintory,
2015 OK 25
at ¶ 14,
350 P.3d 131
;
Wilcox,
2014 OK 1
at ¶ 2,
318 P.3d 1114
;
State ex rel. Okla. Bar Ass'n v. Garrett,
2005 OK 91
, ¶ 3,
127 P.3d 600
.
¶7 In a reciprocal disciplinary proceeding, it is within this Court's discretion to visit the same discipline as that imposed in the other jurisdiction or one of greater or lesser severity.
Kleinsmith,
2013 OK 16
at ¶ 4,
297 P.3d 1248
;
State ex rel. Okla. Bar Ass'n v. Patterson,
2001 OK 51
, ¶ 33,
28 P.3d 551
. We also strive to impose a quantum of discipline upon an offending lawyer that is consistent with that imposed upon other lawyers for similar acts of professional misconduct.
State ex rel. Okla. Bar Ass'n v. Hyde,
2017 OK 59
, ¶ 30,
397 P.3d 1286
;
Kleinsmith,
2013 OK 16
at ¶ 4,
297 P.3d 1248
. Complainant asserts that the record is complete and sufficient for this Court's de novo review, and further asserts that disbarment is warranted under these circumstances. We agree.
¶8 This Court has previously noted that the version of Colo. RPC 8.4(c) in effect at
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the time of Respondent's misconduct
is identical to Rule 8.4(c) of the Oklahoma Rules of Professional Conduct (ORPC),
5 O.S. 2011
, ch. 1, app. 3-A.
Rymer,
2008 OK 50
at ¶5,
187 P.3d 725
. Colo. RPC 1.15A(a)
is also substantially similar to Rule 1.15(a), ORPC,
5 O.S. 2011
, ch. 1, app. 3-A.
¶9 Respondent's disbarment for knowing misappropriation egregious enough to violate Colo. RPC 8.4(c) is consistent with the discipline imposed by this Court in similar cases involving misappropriation of funds. This Court recognizes three levels of culpability when evaluating the mishandling of funds: 1) commingling; 2) simple conversion; and 3) misappropriation, i.e., theft by conversion or otherwise.
State ex rel. Okla. Bar Ass'n v. Parsons,
2002 OK 72
, ¶ 12,
57 P.3d 865
;
State ex rel. Okla. Bar Ass'n v. Taylor,
2000 OK 35
, ¶ 17,
4 P.3d 1242
. These levels of culpability apply regardless of whether the funds in question were those of a client or those of a third party.
Parsons,
2002 OK 72
at ¶¶ 11-12,
57 P.3d 865
;
Taylor,
2000 OK 35
at ¶¶ 16-18,
4 P.3d 1242
;
See
Rule 1.15(a), ORPC,
5 O.S. 2011
, ch. 1, app. 3-A.
¶10 Concerning, misappropriation, this Court noted in
State ex rel. Okla. Bar Ass'n v. Parsons
:
The third, and most serious infraction, occurs when funds are misappropriated. This
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happens when an attorney purposefully deprives a client or third person of money by way of deceit and fraud.
See
State ex rel. Oklahoma Bar Ass'n v. Johnston,
1993 OK 91
,
863 P.2d 1136
. For an attorney to engage in conduct involving dishonesty and deceit is professional misconduct. Rule 8.4(c), ORPC.
2002 OK 71
at ¶ 14,
55 P.3d 1072
.
A lawyer found guilty of intentionally inflicting grave economic harm in mishandling clients' funds is deemed to have committed this most grievous degree of offense.
Taylor,
2000 OK 35
at ¶ 17 n.25,
4 P.3d 1242
;
State ex rel. Okla. Bar Ass'n v. Johnston,
1993 OK 91
, ¶ 25,
863 P.2d 1136
.
¶11 This Court has previously held that conversion of funds by a Colorado attorney in violation of Colo. RPC 8.4 merits disbarment in Oklahoma. In
State ex rel. Okla. Bar Ass'n v. Rymer,
this Court determined disbarment was the appropriate discipline for an attorney who was disbarred in Colorado for knowingly converting/misappropriating $268,247.95 in trust funds, an act this Court deemed in violation of Rule 8.4(c), ORPC.
2008 OK 50
at ¶ 5,
187 P.3d 725
.
See
People v. Rymer,
180 P.3d 443
, 447 (Colo. 2007). We explained:
Rule 8.4(c) of the Oklahoma Rules of Professional Conduct, 5 O.S.2001 & Supp. 2008, ch. 1, app. 3-A, is the same as Rule 8.4(c) of the Colorado Rules of Professional Conduct, the rule which served as the basis for disbarment there. The misconduct for which Rymer was disbarred by the Colorado Supreme Court, converting trust funds, constitutes a violation of Rule 8.4(c) of the Oklahoma Rules of Professional Conduct. Disbarment is consistent with discipline imposed by this Court in similar cases.
State ex rel. Okla. Bar Ass'n v. Arnold,
2003 OK 31
,
72 P.3d 10
(disbarment proper discipline for converting money entrusted to a lawyer by a client).
Rymer,
2008 OK 50
at ¶ 5,
187 P.3d 725
.
¶12 The record before this Court is clear that Respondent engaged in deceitful billing practices that resulted in his client paying $57,338 for First American's services. That amount was then knowingly misappropriated by Respondent and instead used for other purposes, causing substantial harm to First American. The conduct for which Respondent was disbarred in Colorado warrants disbarment in Oklahoma, given Respondent's failure to contest the Complainant's recommendation, the lack of mitigating circumstances, and Respondent's prior disciplinary history. It is hereby ordered that Respondent Philip M. Kleinsmith be disbarred and his name stricken from the roll of attorneys. As Complainant did not file an application to recover the costs of this disciplinary proceeding, no costs are assessed.
RESPONDENT DISBARRED AND NAME STRICKEN FROM ROLL OF ATTORNEYS EFFECTIVE FROM THE DATE OF THIS OPINION
CONCUR: COMBS, C.J., KAUGER, WINCHESTER, EDMONDSON, COLBERT, REIF, and WYRICK, JJ.
CONCUR IN JUDGMENT: GURICH, V.C.J.