Oklahoma: No Mitigation For Misappropriating Recovering Alcoholic

The Oklahoma Supreme Court declined to impose a sanction less than disbarment in a case involving numerous client-related ethical violations of an alcoholic attorney who is now in recovery.

The Bar has established by clear and convincing evidence that Respondent has committed serious violations of the ORPC and the RGDP which have resulted in grave economic harm to multiple clients and brought disrepute to the profession. The evidence demonstrates that several clients are owed an accounting and the return of all or a part of the money they paid as a retainer. The record is devoid of evidence of efforts to remedy that situation. This Court notes that an affidavit of compliance with Rule 9 following Respondent’s interim suspension has not been filed.

This Court is mindful of the testimony of Respondent’s AA sponsor and his counselor concerning Respondent’s sincere and effective efforts to maintain sobriety. However, those efforts do not make the serious misconduct and substantial harm to clients simply go away. Respondent’s argument for a period of probation while he maintains a law practice is unsupported by any citation of authority and there exists no such authority to support that position. This Court holds that disbarment is the only sanction adequate to protect the public from Respondent’s continued practice and to warn other lawyers of the consequences of serious misconduct involving client funds.

The attorney might well be eligible for probation in a number of jurisdictions including the District of Columbia. (Mike Frisch)