State ex rel. Oklahoma Bar Ass'n v. Rowe
2012 WL 5266048
Okla.2012Background
- OBA filed eight-count complaint against Michelle Renee Rowe for alleged misconduct under ORPC and RGDP.
- Counts I-VIII allege misrepresentation, incompetence, failure to act with diligence, overcharging, and commingling of client funds.
- Respondent deposited client funds into operating account, commingling funds and using them for personal expenses.
- Respondent failed to file bankruptcy petitions timely, failed to respond to grievances, and failed to produce requested records.
- PRT recommended two years and one day suspension; OBA urged harsher discipline including possible disbarment.
- Court held respondent disbarred, with five-year readmission prohibition and cost assessment against respondent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether respondent’s handling of client funds violated fiduciary duties | OBA: commingling and misappropriation violated Rule 1.15 and related duties | Rowe: disputes the extent of misconduct and duty violations | Yes; violations established and warranting disbarment |
| Whether respondent’s failure to respond to grievances breached disciplinary rules | OBA: nonresponse violated Rule 8.1(b) and RGDP | Rowe: claims of mailing responses insufficient evidence | Yes; nonresponse supported disciplinary finding |
| Whether respondent’s incompetence and neglect warrant discipline | OBA: repeated neglect and misrepresentation harmed clients | Rowe: defense on merits not adequately presented | Yes; incompetence and neglect established |
| What discipline is appropriate | OBA: severity sufficient for disbarment; plus costs | Rowe: no counter-mitigation presented | Disbarment with five-year readmission prohibition and costs imposed |
Key Cases Cited
- State ex rel. OBA v. Phillips, 786 P.2d 1242 (Okla. 1990) (three-year suspension for neglect and failure to respond in disciplinary process)
- State ex rel. OBA v. Bellamy, 273 P.3d 56 (Okla. 2012) (two years and one day suspension for neglect and client mismanagement)
- State ex rel. OBA v. Whitebook, 242 P.3d 517 (Okla. 2010) (two years and one day suspension for neglect and failure to represent clients)
- State ex rel. OBA v. Passmore, 264 P.3d 1238 (Okla. 2011) (disbarment for pattern of neglect and nonresponse)
- OBA v. Berger, 202 P.3d 822 (Okla. 2008) (exclusive original jurisdiction; de novo review of misconduct)