Wednesday, March 3, 2010

Oklahoma: Lawyer suspended for billing clients with false expenses

The Oklahoma bar association filed a complaint against a lawyer that violated the Oklahoma professional conduct in State ex rel. Okla. bar Ass'n v. Pacenza, 2006 OK 23, 136 P.3d 616. The Lawyer billed clients for travel expenses that she did not incur and work expenses that she did not do for the clients. The lawyer also explained that she was under stress when she billed clients for work she did not do, being that she was unable to spend as much time with her family. An employee figured out she was billing clients wrong when they found discrepancies in their records. The lawyer did say she felt bad but also called it a bad judgment call and wanted to spend time with her children but did not want to ask the law firm for time off. Did the lawyer violate Oklahoma professional conduct when billing clients for travel fees and work that was not real? Yes, she did not travel for clients or work on client cases even though she billed clients. The court also agreed that stress was not a reason for violating the Oklahoma professional code and for being dishonest. The lawyer violated the Oklahoma professional conduct 1.5, 1.15, 8.4(a), 8.4(b), 8.4(c), and Rule 1.3 of the Rules Governing Disciplinary Proceedings. The Oklahoma tribunal found the lawyer guilty and suspended her from working for a period of twelve months, receive psychological treatment, and to pay court proceedings. According to Oklahoma law the lawyer will have to inform clients if he or she is being suspended. The lawyer ended up having to pay 948.24 in ninety days from the day the opinion was stated.
The Oklahoma bar association also took action when the lawyer involved in this case was dishonest and his integrity tested. The lawyer didn’t tell his clients about a 300,000.000 tax lien on a property that they had bought, even after the clients made improvements to the property. A six month suspension was suggested but the courts decided to suspend the lawyer for two years and one day. Unfortunately there are a lot of cases like this. Many lawyers make mistakes if they intend to or not.

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