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281 P.3d 1264
Okla.
2012
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Background

  • OBA filed a fourteen-count disciplinary complaint against Hill under RGDP Rule 6 for alleged ORPC violations.
  • PRT heard the evidence and stipulations; the court conducted de novo review of the PRT’s findings.
  • Wife managed firm banking; she and staff forged signatures and commingled funds, later causing misappropriations.
  • Respondent alleged depression and undiagnosed bipolar disorder during relevant periods; he sought treatment and participated in Lawyers Helping Lawyers.
  • PRT recommended public censure with costs; OBA urged suspension; court adopted PRT with additional consideration of mitigating factors.
  • Respondent fully repaid client retainers and clients obtained substitute counsel; underlying complaints were resolved.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Respondent violated ORPC rules governing client funds and supervision OBA asserts violations of 1.15, 1.5, 5.3, and related rules due to mismanagement and commingling Hill contends shortcomings were due to staff actions under his supervision, mitigated by medical condition Yes, violations found (diligence, accounting, safekeeping, supervision)
Whether a public censure is an appropriate sanction OBA seeks suspension or harsher discipline given misconduct Mitigating factors reduce severity; no intentional harm; treatment ongoing Public censure warranted with ongoing supervision
Whether costs should be assessed against Respondent Costs related to proven counts should be reimbursed Some counts failed; proportional cost reduction warranted Costs reduced proportionately to $3,869.94, payable within 120 days
Whether mitigating factors affect discipline Mitigators acknowledged but not dispositive Depression and medical treatment justified lesser sanction Mitigating factors considered; discipline maintained as public censure

Key Cases Cited

  • State ex rel. Okla. Bar Ass'n v. Schraeder, 51 P.3d 570 (Okla. 2002) (approval of stipulations where consistent with record)
  • State ex rel. Okla. Bar Ass'n v. Stutsman, 990 P.2d 854 (Okla. 1999) (de novo review; discipline appropriate after considering all factors)
  • State ex rel. Okla. Bar Ass'n v. Taylor, 4 P.3d 1251 (Okla. 2000) (supervision duties; dereliction supports discipline)
  • State ex rel. Okla. Bar Ass'n v. Carpenter, 863 P.2d 1123 (Okla. 1993) (discipline aims to protect the public; no harm precludes discipline)
  • State ex rel. Okla. Bar Ass'n v. Chapman, 114 P.3d 414 (Okla. 2005) (public censure appropriate where no intentional harm and medical condition present)
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Case Details

Case Name: State ex rel. Oklahoma Bar Ass'n v. Hill
Court Name: Supreme Court of Oklahoma
Date Published: Jun 26, 2012
Citations: 281 P.3d 1264; 2012 WL 2401401; 2012 Okla. LEXIS 66; 2012 OK 66; SCBD No. 5693
Docket Number: SCBD No. 5693
Court Abbreviation: Okla.
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    State ex rel. Oklahoma Bar Ass'n v. Hill, 281 P.3d 1264