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State ex rel. Oklahoma Bar Ass'n v. Carpenter6/22/1993
RESPONDENT ORDERED DISCIPLINED BY A SIX-MONTH SUSPENSION AND PAYMENT OF COSTS TO BE FOLLOWED BY SUPERVISED POSTREINSTATEMENT PROBATION FOR TWO-AND-ONE-HALF YEARS.
The opinion of the court was delivered by: OPALA, Justice.
In this disciplinary proceeding against a lawyer the issues to be decided are: (1) Is the record, consisting of the stipulated facts, a trial transcript and two depositions, sufficient for a meaningful de novo consideration of the disciplinary proceeding's disposition? and (2) Is a six-month suspension, to be followed by a two-and-one-half-year post-reinstatement probation, an appropriate disciplinary sanction to be imposed for respondent's professional misconduct? We answer both questions in the affirmative.
The Oklahoma Bar Association charged Bob Carpenter [Carpenter or respondent], a licensed lawyer, with five counts of professional misconduct. The Bar and Carpenter then entered into a stipulation of facts and agreed conclusions of law with a joint recommendation for a six-month suspension to be followed by a supervised two-and-one-half-year post-reinstatement probation as professional discipline for that misconduct. A panel of the Professional Responsibility Tribunal adopted the parties' offer for an agreed disposition of the proceeding.
STIPULATION OF FACTS
Count I
Respondent made several non-interest-bearing loans to Brenda Tinner while he represented her in a claim for bodily injury. On June 8, 1987 he deposited a $1,500 settlement check into his operating account. Nine days later he issued a check to Tinner for $750, which represented her portion of the settlement minus $195 that respondent had previously lent her.
Count 2
Respondent represented Claude Tucker in a claim for workers' compensation. On October 16, 1987, after the case was settled, respondent deposited a check for $3,850 in his trust account. He later issued two checks to Tucker, totaling $3,700. Respondent withheld $150 as repayment for the money he had lent Tucker during the pendency of his case.
Count 3
Respondent represented Kim Frazier in a claim for bodily injury on a 40 percent contingent-fee basis. He deposited a $1,700 settlement check into his trust account. On June 18, 1987 he issued two checks to Frazier from his trust account - one for $300 and the other for $600. Respondent kept the remaining $800, which reflected his $680 fee and $120 as repayment for money respondent lent Frazier.
Count 4
Respondent represented Sherry Knox and Angelita Richardson in their claims for bodily injury. During his representation, respondent made loans of $120 to Knox and $125 to Richardson.
Count 5
Kelly Jo Pitts hired respondent in 1987 to manage stocks she had inherited. He was to secure a transfer of these stocks from Ohio to Oklahoma. As Pitts needed money, respondent was to sell the stocks and remit the funds to her. Pitts, an 18-year-old girl who had never managed a checking account, was believed incapable of handling her financial affairs. On January 15, 1987 Pitts' former lawyer in Ohio transferred the balance of her funds to respondent, who deposited them in his operating account. Respondent helped Pitts open a checking account and an account with an investment company. On February 26, 1987 Pitts executed a power of attorney in favor of respondent, but retained the power to deal directly with her property. She signed several undated letters which state that funds in blank amounts were received from respondent. In June of 1987 respondent opened a trust account and deposit
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