State ex Rel. Oklahoma Bar Ass'n v. McManus

15 Citing cases

  1. State ex Rel. Oklahoma Bar Ass'n. v. Mayes

    2003 OK 23 (Okla. 2003)   Cited 19 times

    ;Stateex rel.Oklahoma Bar Ass'n v. Farrant, 1994 OK 13, ΒΆ 15, 867 P.2d 1279 [Converting to different purpose client funds entrusted for specific purpose and knowingly misrepresenting facts to bar association warrants one-year suspension.]; Stateex rel. Oklahoma Bar Ass'n v.McManus, 1993 OK 66, ΒΆ 13, 852 P.2d 727.[Public censure and payment of costs imposed where attorney failed to respond to a grievance, commingled personal funds in a trust account and neglected client matters and the discipline was recommended by both the trial panel and the Bar Association.]; Stateex rel.Oklahoma Bar Ass'n v. Miskovsky, 1992 OK 40, ΒΆ 1, 832 P.2d 814 [Failing to keep records of trust fund account, converting client funds, and misrepresenting status of funds to trial court and opposing counsel warrants disbarment and imposition of costs.]

  2. State ex rel. Oklahoma Bar Ass'n v. Phillips

    2002 OK 86 (Okla. 2002)   Cited 27 times
    In Stateex rel.Oklahoma Bar Ass'n v. Armstrong, 1992 OK 79, ΒΆ 1,848 P.2d 538, we declined to impose discipline for a practitioner who was convicted of a second offense of driving under the influence because, following the incident, he had not taken a drink in over six years, had undergone extensive rehabilitation, and had been a model of rehabilitation to others.

    ]; Stateex rel. Oklahoma Bar Ass'n v. Dunlap, see note 23 at ΒΆΒΆ 23-25, supra [Mismanagement of a trust account warranted a public censure where the attorney fully cooperated in the grievance process.]; Stateex rel. Oklahoma Bar Ass'n v. McManus, 1993 OK 66, ΒΆ 13, 852 P.2d 727.[Public censure and payment of costs imposed where attorney failed to respond to a grievance, commingled personal funds in a trust account and neglected client matters and the discipline was recommended by both the trial panel and the Bar Association.]; Stateex rel. Oklahoma Bar Ass'n v. Payne, 1988 OK 1, ΒΆΒΆ 4-6, 748 P.2d 989 [Failure to deposit client funds in a trust account sufficient to impose a public reprimand and the payment of costs.]; Stateex rel. Oklahoma Bar Ass'n v. Hensley, 1977 OK 23, ΒΆ 12, 560 P.2d 567 [Attorney suspended for two years on charges of commingling where clients were deprived of their funds for approximately four months.

  3. Oklahoma Bar Association v. Briggs

    1999 OK 76 (Okla. 1999)   Cited 8 times
    In Briggs, however, there had been little or no direct wrongdoing by an attorney who sold a client's stocks, with her permission, as payment for legal fees, forgetting that the client's ex-husband had been awarded an interest in the stocks in their divorce.

    We have examined the cases, and the record herein, and find that Respondent's conduct falls within those cases imposing discipline of public censure. ΒΆ 17 In State ex rel. Oklahoma Bar Ass'n v. McManus, 852 P.2d 727 (Okla. 1993), McManus commingled his personal funds with his client's trust account. The trust account was garnished for a personal debt and his personal funds were taken. No client funds were taken in the garnishment and Respondent did not convert or misuse the client's funds.

  4. State ex rel. Okla. Bar Ass'n v. Layton

    2014 OK 21 (Okla. 2014)   Cited 15 times
    In Layton, this Court determined that there had been no active or intentional deceit on the part of a prosecuting attorney who failed to reveal discussions between herself and a defense witness when asked by the trial court.

    The client unsuccessfully telephoned the attorney on several occasions to request status reports and information pertaining to her case. The attorney did not return most of her phone calls and he did not inform the client of his change of address after any of his four office moves during the time he represented her.]; Stateex rel. Oklahoma Bar Ass'n v.McManus, 1993 OK 66, 852 P.2d 727 [The parties agreed that the attorney commingled personal funds with the trust account for client's funds. The attorney failed to communicate with a client, who filed a grievance against him, and to answer the Bar's letter, requesting that he respond to the grievance.

  5. State v. Miller

    309 P.3d 108 (Okla. 2013)   Cited 9 times

    The client unsuccessfully telephoned the attorney on several occasions to request status reports and information pertaining to her case. The attorney did not return most of her phone calls and he did not inform the client of his change of address after any of his four office moves during the time he represented her.]; State ex rel. Oklahoma Bar Ass'n v. McManus, 1993 OK 66, 852 P.2d 727 [The parties agreed that the attorney commingled personal funds with the trust account for client's funds. The attorney failed to communicate with a client, who filed a grievance against him, and to answer the Bar's letter, requesting that he respond to the grievance.

  6. State ex rel. Okla. Bar Ass'n v. Miller

    2013 OK 49 (Okla. 2013)   Cited 6 times

    The client unsuccessfully telephoned the attorney on several occasions to request status reports and information pertaining to her case. The attorney did not return most of her phone calls and he did not inform the client of his change of address after any of his four office moves during the time he represented her.]; Stateex rel. Oklahoma Bar Ass'n v. McManus, 1993 OK 66, 852 P.2d 727 [The parties agreed that the attorney commingled personal funds with the trust account for client's funds. The attorney failed to communicate with a client, who filed a grievance against him, and to answer the Bar's letter, requesting that he respond to the grievance.

  7. State v. Reynolds

    2012 OK 95 (Okla. 2012)   Cited 5 times
    In State ex rel. Okla. Bar Ass'n v. Reynolds, 2012 OK 95, 289 P.3d 1283, the attorney was suspended for two years and one day on five counts of neglect of cases, failing to keep clients informed of the status of their cases, collecting and retaining fees for which little or no services were provided and failure to respond to the grievances.

    The client unsuccessfully telephoned the attorney on several occasions to request status reports and information pertaining to her case. The attorney did not return most of her phone calls and he did not inform the client of his change of address after any of his four office moves during the time he represented her.]; State ex rel. Oklahoma Bar Ass'n v. McManus, 1993 OK 66, 852 P.2d 727 [The parties agreed that the attorney commingled personal funds with the trust account for client's funds. The attorney failed to communicate with a client, who filed a grievance against him, and to answer the Bar's letter, requesting that he respond to the grievance.

  8. State ex rel. Okla. Bar Ass'n v. Haave

    290 P.3d 747 (Okla. 2012)   Cited 13 times

    The client unsuccessfully telephoned the attorney on several occasions to request status reports and information pertaining to her case. The attorney did not return most of her phone calls and he did not inform the client of his change of address after any of his four office moves during the time he represented her.]; State ex rel. Oklahoma Bar Ass'n v. McManus, 1993 OK 66, 852 P.2d 727 [The parties agreed that the attorney commingled personal funds with the trust account for client's funds. The attorney failed to communicate with a client, who filed a grievance against him, and to answer the Bar's letter, requesting that he respond to the grievance.

  9. Oklahoma v. Combs

    2007 OK 65 (Okla. 2007)   Cited 31 times
    In Stateex. rel. Okla. BarAss'n v. Combs, 2007 OK 65,,ΒΆ 10 & 17, 175 P.3d 340, for example, this Court determined an attorney committed commingling and simple conversion when he settled a wrongful death suit and deposited the settlement proceeds into his trust account, and then, because of a miscommunication with his staff, inadvertently deposited almost the entire settlement amount into his operating account and used the money for personal expenses.

    The Bar has not only failed to demonstrate Combs acted intentionally to defraud or deceive, it has equally failed to show harm to any client. While no two cases are identical, we find that a suspension for a period of ninety days, coupled with imposition of liability for costs incurred in this proceeding is an appropriate measure of discipline that is in keeping with precedent.See State ex rel. Okla. Bar Ass'n v. Gasaway, 1993 OK 133, 863 P.2d 1189 (attorney disbarred for repeatedly commingling clients' funds, converting property of clients, and other improprieties with client funds); State ex rel. Okla. Bar Ass'n v. McManus, 1993 OK 66, 852 P.2d 727 (public censure appropriate discipline for attorney who commingled personal funds in his client's trust account, neglected client concerns and failed to respond to Bar's grievance); State ex rel. Okla. Bar Ass'n v. Kessler, 1991 OK 81, 818 P.2d 463 (attorney's license suspended for two years and one day for commingling client funds, use of moneys for unauthorized purposes and misrepresentation to court that funds had been used for designated purpose); State ex rel. Okla. Bar Ass'n v. Kamins, 1977 OK 103, 568 P.2d 627 (attorney's license to practice law suspended for four months when insurance claim settlement money was commingled with personal funds, attorney was unable to produce funds at clients' request and repayment was delayed nearly one year); State ex rel. Okla. Bar Ass'n v. Geb, 1972 OK 17, 494 P.2d 299 (twelve-month suspension ordered for attorney with prior disciplinary record who commingled and failed to promptly remit client funds). A suspension from the practice of law fo

  10. State Ex. Rel. Oklahoma Bar Assn. v. Vincent

    48 P.3d 797 (Okla. 2002)   Cited 6 times

    The discipline imposed has ranged from public censure to suspension. See State ex rel. Oklahoma Bar Ass'n v. Minter, 1998 OK 59, 961 P.2d 208 (attorney publicly censured for failing to timely and properly file a notice of intent to appeal, failing to properly respond to a client's request for information, and for failing to respond to requests for information from the OBA); State ex rel. Oklahoma Bar Ass'n v. McManus, 1993 OK 66, 852 P.2d 727 (attorney publicly censured for failing to respond to requests for information from the OBA, failing to answer a letter from a client's new attorney, failing to return a client's telephone calls, and failing to prosecute a client's case so that it was ultimately dismissed); State ex rel. Oklahoma Bar Ass'n v. Angel, 1993 OK 2, 848 P.2d 549 (attorney, who had previously received two private reprimands from the Commission, received a public censure for failing to respond to a motion for summary judgment); State ex rel. Oklahoma Bar Ass'n v. Glass, 1992 OK 74, 832 P.2d 831 (attorney publicly censured for failing to withdraw after being dismissed from a case and failing to respond to requests for information from his client). See also State ex rel. Oklahoma Bar Ass'n v. Wagener, 2002 OK 4, ___ P.3d ___ (attorney suspended for sixty (60) days for failing to adequately communicate with his client, failing to provide his client with information that would allow him to protect his own interes