In the Disciplinary Matter Involving Miles, 339 P.3d 1009

Miles misappropriated over $20,000 from the decedent Donald Moren’s Progressive bank accounts held for Moren’s estate; she opened and managed two Progressive accounts with herself as signer and Donald as primary or controlling participant; after Moren’s death she withdrew funds and deposited them into her own accounts while denying ownership and concealment; Patrick, as personal representative, sought information and recovery of the funds; the Alaska Bar Association filed eight misconduct counts, of which four remained contested, including theft and deceit; the Area Hearing Committee and Bar Board recommended disbarment, which the Alaska Supreme Court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did Miles commit theft/misappropriation?	Miles knew funds were estate property and misappropriated them.	Miles believed a gift or nonprobate transfer existed.	Yes; she engaged in theft/misappropriation.
Was there donative intent for a gift to Miles?	No gift was proven; donor intended no transfer to Miles.	Donor intended to gift funds to Miles.	No valid donative intent established.
Was Miles’ conduct disqualifying and the sanction appropriate?	Conduct warrants disbarment given theft and deceit.	Disbarment not warranted; consider mitigating factors.	Disbarment appropriate; mitigating factors neutralized by aggravating factors.
Did the findings of the disciplinary bodies have substantial support?	Record supports the Board’s and Committee’s determinations.	Record lacks sufficient support for some findings.	Record supports disbarment sanction.

In re Disciplinary Matter of Shea, 273 P.3d 612 (Alaska 2012) (disbarment standards; high standard for misappropriation)
In re Disciplinary Matter of Rice, 260 P.3d 1020 (Alaska 2011) (probative value of disciplinary findings; independent review)
Roberson v. Manning, 268 P.3d 1090 (Alaska 2012) (application of donative intent standards)