STATE ex rel. OKLAHOMA BAR ASSOCIATION v. PARKER

2015 OK 65, 359 P.3d 184, 2015 Okla. LEXIS 97, 2015 WL 5945208
CourtSupreme Court of Oklahoma
DecidedOctober 13, 2015
DocketSCBD-6236
StatusPublished
Cited by30 cases

This text of 2015 OK 65 (STATE ex rel. OKLAHOMA BAR ASSOCIATION v. PARKER) 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. PARKER, 2015 OK 65, 359 P.3d 184, 2015 Okla. LEXIS 97, 2015 WL 5945208 (Okla. 2015).

Opinion

OPINION

WATT, Justice.

{1 On February 12, 2015, complainant, Oklahoma Bar Association, filed a complaint pursuant to Rule 6 of the Rules Governing Disciplinary Proceedings (RGDP), 5 0.8. 2011, Ch. 1, App. 1-A, 1 against respondent Stephen S8. Parker. The complaint contains three (3) counts of professional misconduct alleging respondent's failure to represent his clients and failure to communicate with them. The Bar Association alleged that respondent failed to comply with its requests for responses to the grievances. Furthermore, respondent failed to respond to a subpoena requiring his appearance for a deposition at the Oklahoma Bar Center on September 5, 2014. Respondent did not appear at the scheduled deposition. On February 13, 2015, complainant filed a motion to deem allegations admitted. On March 26, 2015, the Professional Responsibility Tribunal entered its order granting the motion.

1 2 On March 26; 2015, a hearing was held before the PRT wherein complainant presented evidence and six witnesses provided testimony. Although respondent was given sufficient notice of this hearing, he failed to notify the Bar concerning his attendance nor did he make an appearance. °

T3 On May 19, 2015, the Report of the PRT was filed and recommended that respondent be suspended from the practice of law for two years and one day, and that *186 respondent be charged the costs of the proceeding.

THE COMPLAINTS ALLEGATIONS

COUNT I: THE PRINCE GRIEVANCE

T4 Complainant, Oklahoma Bar Association alleges that on July 18, 2018, Respondent was paid $1,000 to represent Dylan Prince ("Prince") in a child support matter. On July 25, 2013, respondent and Mr. Prince appeared together at a Department of Human Services (DHS) child support hearing. Respondent requested a continuance of the DHS hearing in order to move the proceeding to district court. Following the hearing, respondent failed to communicate with Mr. Prince. He did not file an action in district court, did not provide Mr. Prince an accounting or return any unearned fees, and did not withdraw from the DHS proceeding.

T5 On April 15, 2014, Prince filed a grievance with the Office of the General Counsel. On April 29, 2014, complainant mailed Mr. Prince's grievance to respondent and a response was requested within twenty (20) days. No response was received. Therefore, on June 18, 2014, complainant sent a certified letter to respondent requesting a response to the Prince grievance within five (5) days. A written response was never received from respondent.

T6 On July 18, 2014, in an effort to speak to respondent, the Oklahoma Bar Association investigators made an appearance at respondent's law office. After being told that he had just left the office, the investigators also left. Shortly thereafter, they saw respondent on the street in front of his office building. The investigators stopped respondent and briefly talked to him. Respondent stated that he would meet with the investigators later that same day at the Office of the General Counsel. That afternoon, respondent did meet with the investigators and Assistant General Counsel Tommy Hum-phries at the Oklahoma Bar Center. Discus, sion was had concerning two pending grievances and respondent's alleged problems with his office sharing arrangement, which he explained was his reason for frequently being away from his office. When asked, respondent denied substance abuse or any mental health issues. He agreed to respond in writing to the Prince grievance within a few days but did not comply. A subpoena to appear at a deposition set for September 5, 2014, was served on respondent personally. On the morning of the scheduled deposition, respondent called the Bar's investigator and stated he could not appear for the deposition due to scheduled court appearances. Despite several attempts to contact respondent to reschedule the deposition, the investigator was unable to reach him. Respondent wholly failed to provide the Office of the General Counsel any communication in writing or otherwise in regard to the Prince grievance. The Bar Association alleged that respondent's actions constitute professional misconduct in violation of Rules 1.1, 2 1.3, 3 1.4, 4 1.5, 5 1.16, 6 and 8.4(c), 7 ORPC and Rule 1.3 8 and *187 5.2, 9 RGDP, and warrants the imposition of professional discipline.

COUNT II: THE SCULLY GRIEVANCE

17 On February 3, 2014, James Scully ("Scully") paid respondent $2,000 to represent his step-son, Bryce Hearn ("Hearn"), in a municipal criminal matter in Midwest City and a criminal matter in Oklahoma County. In their initial meeting, respondent indicated he would visit Hearn in the Midwest City jail, By February 11, 2014, respondent had failed to visit with or communicate with Seully or Hearn. On February 11, 2014, Scully returned to respondent's law office and met with respondent. Respondent assured Scully that he would visit Hearn in jail as soon as possible. Respondent also told Scully that if his step-son was transferred to Oklahoma County jail, to notify him immediately, On February 12, 2014, Hearn was transferred to Oklahoma County jail. Over the next two days, Scully attempted to contact respondent five (5) times by phone without success. On February 18, 2014, Scully terminated respondent's services by e-mail and requested a refund. Respondent failed to respond to Mr. Scully, he did not communicate with his client, and he did not account for or return any unearned fees to his client.

18 On May 2, 2014, Scully filed a grievance against respondent. On May 6, 2014, complainant mailed Mr. Scully's grievance to respondent and a response was requested within twenty (20) days. No response was received. Therefore, on June 3, 2014, complainant sent a certified letter to respondent requesting a response to the Scully grievance within five (5) days. A written response was never received from respondent. On June 18, 2014, the investigations of the Prince and Scully grievances were consolidated.

19 On July 18, 2014, at the meeting between respondent, the Oklahoma Bar Association investigators, and the Assistant General Counsel at the Oklahoma Bar Center, the Scully grievance was discussed along with the Prince grievance. The Bar Association alleged that respondent's actions constitute professional misconduct in violation of Rules 1.1, 1.8, 14, 1.5, 1.16, and 8.4(c), ORPC and Rule 1.8 and 5.2 RGDP, and warrant the imposition of professional discipline.

COUNT III: THE FLETCHER GRIEVANCE

110 On April 25, 2018, James Fletcher ("Fletcher") hired respondent to represent him in a eriminal matter in McClain County, Oklahoma, and another eriminal matter in Canadian County, Oklahoma, and initially paid him $3,000. On January 1, 2014, Fletcher paid respondent an additional $8,000, the agreed amount to handle Fletcher's case through trial, if necessary.

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STATE ex rel. OKLAHOMA BAR ASSOCIATION v. PARKER
2015 OK 65 (Supreme Court of Oklahoma, 2015)

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Bluebook (online)
2015 OK 65, 359 P.3d 184, 2015 Okla. LEXIS 97, 2015 WL 5945208, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-oklahoma-bar-association-v-parker-okla-2015.