STATE EX REL. OKLAHOMA BAR ASS'N v. Edwards
2011 OK 3
| Okla. | 2011Background
- OBA filed a formal complaint against attorney Timothy Charles Edwards alleging multiple violations of ORPC and RGDP on April 8, 2010.
- Edwards did not respond to the complaint or appear at the June 29, 2010 trial panel hearing, after service of process.
- Count I (Wilson case) alleged Edwards settled a workers' compensation claim and misused settlement funds and medical payments while failing to communicate with the client.
- Count II alleged Edwards failed to respond to grievance notices regarding Wilson, missed a deposition, and gave inconsistent explanations for delays.
- Count III alleged Edwards represented Lavenna Jones, settled her case, and failed to remit remaining settlement funds and pay medical providers.
- Count IV alleged Edwards failed to adequately respond to Jones' grievance and failed to produce requested banking records and files; he later paid some funds inconsistently.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Edwards commit professional misconduct in Wilson and Jones matters? | Edwards violated Rules 1.1, 1.3, 1.4, 1.15, 1.16, 8.1(b), 8.4(a)(c)(d) ORPC and RGDP. | Edwards did not appear to defend; any defenses were not presented because he defaulted, limiting challengers. | Yes; misconduct established under cited rules. |
| Did Edwards fail to respond to disciplinary proceedings and produce records? | Edwards failed to respond to grievances and a formal complaint and did not supply requested bank records. | No defense presented due to nonappearance; residual arguments not raised. | Yes; failure to respond and to provide records supports discipline. |
| Is suspension for two years and one day appropriate? | Suspension is warranted given repeated neglect and misappropriation indicators. | No explicit argument due to nonappearance; no mitigation offered. | Two years and one day suspension upheld. |
Key Cases Cited
- Oklahoma Bar Ass'n v. Phillips, 786 P.2d 1242 (1990 OK 4) (negligence and failure to respond justify multi-year suspension)
- State ex rel. Oklahoma Bar Ass'n v. Stutsman, 990 P.2d 854 (1999 OK 62) (de novo review and disciplinary standards)
- State ex rel. Oklahoma Bar Ass'n v. Berger, 202 P.3d 822 (2008 OK 91) (licensing and disciplinary review framework)
- State ex rel. Oklahoma Bar Ass'n v. Todd, 833 P.2d 260 (1992 OK 81) (court may review evidence beyond panel recommendations)