281 P.3d 1264
Okla.2012Background
- 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)
