STATE ex rel. OKLAHOMA BAR ASSOCIATION v. FIELDS

Summary

The Oklahoma Supreme Court held that Jason Matthew Fields committed professional misconduct by 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 suspended Fields from practicing law for one year, ordered him to repay $6,401.15 to the Estate of Barbara Jean Dillman, and required payment of $1,129.46 in disciplinary costs.

Holdings

1. An attorney who receives estate funds for attorney's fees without obtaining probate-court approval violates the duty to safeguard client or third-party property and commits commingling and simple conversion.
2. A lawyer's failure to respond to requests from the Oklahoma Bar Association and failure to comply with a diversion-program agreement constitute professional misconduct and grounds for discipline.
3. The totality of Fields's misconduct warranted a one-year suspension, restitution of the $6,401.15 attorney's fee to the estate, and payment of disciplinary costs.

Questions Presented

1. Whether Fields violated the Oklahoma Rules of Professional Conduct and Rules Governing Disciplinary Proceedings by receiving estate-related attorney's fees without probate-court approval.
2. Whether Fields's failures to respond to the Oklahoma Bar Association's investigation and to comply with the diversion-program agreement constituted professional misconduct warranting discipline.
3. What discipline and restitution are appropriate in light of Fields's misconduct and the surrounding circumstances.

Disposition

other