STATE ex rel. OKLAHOMA BAR ASSOCIATION v. FIELDS, 2021 OK 34

Jason M. Fields, admitted 2003, represented the personal representative (Daphne Spencer) of the Estate of Barbara Jean Dillman after a 2015 substitution; estate consisted mainly of a house and personal property.
At closing on the decedent's house (Dec. 2015) the closing company issued Fields a $6,401.15 check for attorney's fees; Fields did not obtain probate-court approval, deposit the funds in an IOLTA, return them to the estate, or file a final accounting.
The other heir (Ty Dillman) later alleged Spencer spent the net sale proceeds to his detriment; the probate matter remained open.
Dillman filed a grievance with the Oklahoma Bar Association (OBA) in April 2017; Fields repeatedly failed timely to cooperate with the OBA investigation, produced some documents only after subpoenas and months of delay, and later breached a Diversion Program Agreement.
The OBA filed formal charges (Mar. 2020); the Professional Responsibility Tribunal deemed the allegations admitted after Fields defaulted, found violations of ORPC Rules 1.15, 8.1(b), 8.4(a) and (d), and RGDP rules, and the Trial Panel recommended suspension for two years and one day plus repayment.
The Oklahoma Supreme Court held Fields violated the professional rules, imposed a one-year suspension (effective from the opinion), ordered repayment of $6,401.15 to the estate within 90 days, and assessed disciplinary costs of $1,129.46.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Mishandling estate funds (ORPC 1.15)	Fields received estate proceeds and removed attorney fees without probate approval, did not use a trust account, and failed to account	Local custom justified taking fees without prior court approval; Fields said he advised PR and would return money; denied wrongful intent	Court found commingling/simple conversion of estate funds in violation of ORPC 1.15; ordered repayment of $6,401.15
Failure to cooperate / breach of diversion (ORPC 8.1(b); RGDP)	Fields repeatedly failed to respond to grievance requests, subpoenas, delayed production, breached Diversion Program terms, and defaulted at hearing	Fields claimed anxiety and difficulty with confrontation as mitigation but offered no medical proof; argued limited culpability and no prior discipline	Court held Fields violated duty to cooperate, breached Diversion Agreement, and these failures supported discipline under ORPC and RGDP rules
Appropriate discipline	Trial Panel recommended suspension of two years + one day given fund mishandling and noncooperation	Fields pointed to 17 years' practice, no prior discipline, and asserted mitigating circumstances (custom, anxiety)	Court imposed one-year suspension (less than Panel's recommendation but harsher than recent 90-day precedent), required repayment and payment of OBA costs

State ex rel. Okla. Bar Ass'n v. Combs, 175 P.3d 340 (Okla. 2007) (sets culpability levels for mishandling client/estate funds: commingling, simple conversion, misappropriation)
State ex rel. Okla. Bar Ass'n v. Mansfield, 350 P.3d 108 (Okla. 2015) (attorney must ensure fees are not removed from an estate without court approval; transfer without approval can be commingling/simple conversion)
State ex rel. Okla. Bar Ass'n v. Besly, 136 P.3d 590 (Okla. 2006) (attorney commingled estate funds by paying self fees without court approval)
State ex rel. Okla. Bar Ass'n v. Green, 465 P.3d 1197 (Okla. 2020) (failure to cooperate with diversion program and discipline process can warrant suspension; Court reduced recommended suspension to 90 days where client/public harm was minimal)
State ex rel. Okla. Bar Ass'n v. Wilcox, 942 P.2d 205 (Okla. 1997) (one-year suspension for commingling and mishandling client funds)
State ex rel. Okla. Bar Ass'n v. Farrant, 867 P.2d 1279 (Okla. 1994) (suspension for applying client monies to claimed attorney fees)
State ex rel. Okla. Bar Ass'n v. Cummings, 863 P.2d 1164 (Okla. 1993) (suspension for impermissibly applying entrusted funds to attorney fees)
State ex rel. Okla. Bar Ass'n v. Gasaway, 810 P.2d 826 (Okla. 1991) (one-year suspension for commingling, unauthorized use of client monies, and failure to disclose to Bar)