Last Dime

An attorney who accepted a court appointment to handle an acrimonious probate matter was suspended for 18 months for misconduct in the matter by the Oklahoma Supreme Court.

Personal issues intervened and led to serious ethics violations

Respondent’s personal life then became tumultuous. In February of 2011, Respondent’s wife informed him she had quit her job. She then began spending large amounts of money, including monthly credit card charges of between $6,000 and $12,000 dollars. In May of 2011, Respondent came home “to very abruptly discover [his wife] was having an affair.” Respondent testified his wife threatened to take him for every dime he had and to take his daughter if he left her, so during this time he was just “trying to make ends meet and keep [his wife] happy” and provide for his three-month old daughter. Respondent began transferring money from the Cox Estate bank account to his personal bank account without prior approval from the court and without telling the heirs to the Cox Estate. Between May of 2011 and December of 2011, Respondent made six transfers of varying amounts totaling approximately $45,749.98. The record indicates the amount transferred was the amount allegedly earned for legal and statutory fees for administering the Cox Estate. Divorce proceedings were filed in December of 2011, and Respondent’s divorce was final in February of 2012.

On sanction

In the case before us, although we are persuaded from the record that Respondent’s conduct was an isolated incident and is not likely to happen again, we simply cannot ignore Respondent’s attempt to cover up his mishandling of fees and the seriousness of those actions. Almost two years passed before Respondent fully disclosed his conduct to the parties and the probate court, and apparently, he only did so at that point because Mr. Gotwals and his client began asking questions and seeking information regarding the amount of funds available in the estate. Respondent’s actions not only created more litigation for the heirs to the Cox Estate, but compounded an already embittered situation. Considering the discipline administered in similar cases and evidence offered in mitigation, we agree with the PRT that eighteen months is an appropriate suspension.

The attorney had no record of prior discipline. (Mike Frisch)