Summary
The Supreme Court of Oklahoma considered disciplinary charges against Jason Matthew Fields for receiving attorney's fees from an estate without probate-court approval, failing to cooperate with the Oklahoma Bar Association's investigation, and breaching a diversion-program agreement. The court found violations of the Oklahoma Rules of Professional Conduct and Rules Governing Disciplinary Proceedings, suspended Fields from practicing law for one year, ordered repayment of $6,401.15 to the estate, and assessed $1,129.46 in costs.
Topics
Practice areas
Questions Presented
- Whether Fields violated the Oklahoma Rules of Professional Conduct and Rules Governing Disciplinary Proceedings by receiving estate attorney fees without probate-court approval.
- Whether Fields violated professional-discipline rules by failing to cooperate with the Oklahoma Bar Association's investigation and breaching his diversion-program agreement.
- What discipline is appropriate for the established misconduct.
Holdings
- Fields's receipt and retention of $6,401.15 in attorney fees without probate-court approval constituted commingling and simple conversion and violated ORPC Rules 1.15 and 8.4(a) and (d), as well as Oklahoma's probate code.
- Fields's repeated failure to respond to the Oklahoma Bar Association, failure to comply with the diversion-program agreement, and failure to participate in the disciplinary proceedings constituted professional misconduct under ORPC Rules 8.1(b) and 8.4(a) and RGDP Rules 1.3 and 5.2.
- The appropriate discipline was a one-year suspension, reimbursement to the estate of the $6,401.15 in unapproved attorney fees within 90 days, and payment of $1,129.46 in disciplinary costs within 90 days.
Key quotations
“Our review of the evidence is de novo in determining if the OBA proved its allegations of misconduct by clear and convincing evidence.” (¶ 15)
“This Court's responsibility is not to punish an attorney, but to assess the continued fitness to practice law and to safeguard the interests of the public, the courts, and the legal profession.” (¶ 15)
“This Court suspends Fields from the practice of law for one year from the date of this opinion, and we order Fields to reimburse the Estate of Barbara Jean Dillman within 90 days for the attorney's fees he received without court approval in the amount of $6,401.15.” (¶ 26)
Factual background
Fields represented Spencer, the personal representative of the Estate of Barbara Jean Dillman. After the probate court approved the sale of the decedent's house, the closing company issued Fields a $6,401.15 check for attorney fees; Fields retained the money without obtaining probate-court approval and did not maintain an IOLTA account. Fields also failed to cooperate promptly with the Oklahoma Bar Association's investigation, failed to comply with the terms of a diversion-program agreement, and did not participate in the formal disciplinary proceedings.
Procedural history
The Oklahoma Bar Association filed a formal complaint alleging that Fields improperly received attorney fees from an estate without probate-court approval, failed to cooperate with the Bar's investigation, and breached a diversion-program agreement. Fields did not answer the complaint, oppose the motion to deem the allegations admitted, appear at the Trial Panel hearing, or file a brief in the Supreme Court. The Trial Panel deemed the allegations admitted, found violations by clear and convincing evidence, and recommended a two-year-and-one-day suspension. The Supreme Court independently reviewed the matter and imposed a one-year suspension, reimbursement, and costs.