STATE ex rel. OKLAHOMA BAR ASSOCIATION v. WILCOX
2014 OK 1
Okla.2014Background
- Wilcox, an Oklahoma attorney, is disbarred in a consolidated Rule 6/Rule 7 proceeding arising from a workers' compensation representation and a stalking conviction.
- Love, Wilcox's client in the workers' compensation matter, alleged improper handling of travel reimbursements and funds during 2003–2007.
- Wilcox advanced funds to Love for travel, rather than seeking early reimbursement from insurers, and kept poor records of mileage claims.
- The Workers' Compensation Court found issues with Wilcox's handling of reimbursements and payments, and Talbot later took over Love's case.
- Wilcox endorsed and deposited Love's disability checks into his mother's account and later sought reimbursement for those funds, creating safekeeping concerns.
- Wilcox's stalking conviction involved Taunia Bozarth, the wife of a sitting judge, leading to additional disciplinary consequences.
- This Court conducted de novo review and concluded multiple ORPC violations plus the stalking conviction warranted disbarment, effective June 30, 2011.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Rules 1.1 and 1.3 violations in Love matter | OBA alleges Wilcox failed competent representation and diligence. | Wilcox contends he advanced funds and had an implied arrangement for reimbursement; time constraints explained delays. | Wilcox violated Rules 1.1 and 1.3. |
| Rule 1.8(e) violation for advances | OBA proves Wilcox advanced funds for travel in violation of 1.8(e). | Wilcox claims permissible advances or course of dealing. | Wilcox violated Rule 1.8(e). |
| Rule 1.15 safekeeping of client funds | OBA shows Wilcox mismanaged and co-mingled funds by endorsing deposits to his mother's account. | Wilcox argues funds were kept separate and rights recognized; testimony contested. | Wilcox violated Rule 1.15. |
| Rule 8.4(c) dishonesty/deceit | OBA asserts Wilcox engaged in deceptive conduct in financial representations. | Wilcox contends no clear intent to deceive; accounting poor but not deceptive intent proved. | No clear and convincing evidence of Rule 8.4(c) violation. |
| Rule 1.3 RGDP disciplining for stalking conviction | Stalking conviction shows lack of fitness and violates professional standards. | Mitigation arguments and collateral attack concerns; focus remains on conduct. | Wilcox violated Rule 1.3 RGDP via stalking conviction. |
Key Cases Cited
- State ex rel. Oklahoma Bar Ass'n v. Shanbour, 84 P.3d 107 (2003 OK 116) (stalking conviction and related disciplinary considerations)
- State ex rel. Oklahoma Bar Ass'n v. Smolen, 17 P.3d 456 (2000 OK 95) (ban on nonlitigation advances; champerty concerns)
- State ex rel. Oklahoma Bar Ass'n v. Besly, 136 P.3d 590 (2006 OK 18) (intent requirement for Rule 8.4(c) violations)
- State ex rel. Oklahoma Bar Ass'n v. Armstrong, 791 P.2d 815 (1990 OK 9) (standard for professional fitness and public confidence)
- State ex rel. Oklahoma Bar Ass'n v. Taylor, 71 P.3d 18 (2003 OK 56) (case-specific discipline considerations and deterrence)
- State ex rel. Oklahoma Bar Ass'n v. Garrett, 127 P.3d 600 (2005 OK 91) (discipline as protective of public and profession)
- State ex rel. Oklahoma Bar Ass'n v. McArthur, 261 P.3d 605 (2013 OK 73) (non-delegable, constitutional responsibility; de novo review)
- State ex rel. Oklahoma Bar Ass'n v. Moon, 295 P.3d 1 (2012 OK 77) (mitigation and public protective considerations)
- State ex rel. Oklahoma Bar Ass'n v. Cooley, 304 P.3d 453 (2013 OK 42) (fitness to practice and immediate suspension precedents)
- State ex rel. Oklahoma Bar Ass'n v. Miller, 309 P.3d 108 (2013 OK 49) (de novo review standards in discipline)
