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State ex rel. Okl. Bar Ass'n v. Kessler7/30/1991
pension for neglect of a legal matter, and he had been disciplined three other times, 1981, 1986, and 1987, when another complaint was filed for a neglect of a legal matter. We found that this continued behavior warranted disbarment. However, we are not faced with an attorney who has a current pattern of disciplinary problems. Kessler's previous discipline occurred eleven years ago. In State ex rel. Oklahoma Bar Assoc. v. Geb, 494 P.2d 299, 301 (Okla. 1972), this Court found that Geb had been privately reprimanded two years before the current complaint. Geb was suspended for one-year and required to pay costs of the disciplinary action for commingling client funds and failing to remit the funds in a timely fashion.
Upon a de novo review of the record, we find that the client was not displeased with Kessler's representation of him in the foreclosure action until Kessler failed to deliver the check to the bank. Kessler returned all but $300.00 of the client's money which he applied to overdue attorney fees. It was only after Kessler wrote his client and told him that he would no longer represent him that the complaint was filed. We find that a two year and one day suspension is more in line with similar cases than the Trial Panel's five year suspension.
The Bar submitted an application to assess costs of $1,790.62 on June 26, 1991. We find that the costs are itemized and are appropriate. Kessler is responsible for the assessment of costs.
RESPONDENT SUSPENDED; COSTS IMPOSED.
LAVENDER, DOOLIN, HARGRAVE, ALMA WILSON and SUMMERS, JJ., concur.
HODGES, Vice Chief Justice, concurring in part and dissenting in part:
I would suspend the respondent for eighteen months.
SIMMS, Justice, concurring in part, dissenting in part.
I concur in the imposition of discipline; I would adopt the recommendation of the Professional Responsibility Tribunal and suspend respondent for a period of five years.
OPALA, C.J., concurs in part, dissents in part and joins in the views expressed by SIMMS, J.
Page 1 2 3 4 Oklahoma DUI Attorneys
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