# State Ex Rel. Oklahoma Bar Ass'n v. Weeks

> Supreme Court of Oklahoma · July 14, 1998 · 69 O.B.A.J. 2647

URL: https://www.frixlaw.com/law-library/cases/9622485

## Case

- **Full name:** STATE of Oklahoma, Ex Rel., OKLAHOMA BAR ASSOCIATION, Complainant, v. Joseph WEEKS, Respondent; State of Oklahoma, Ex Rel., Oklahoma Bar Association, Complainant, v. Mark Nation, Respondent
- **Court:** Supreme Court of Oklahoma
- **Decided:** July 14, 1998
- **Citations:** 69 O.B.A.J. 2647; 969 P.2d 347; 1998 OK 83; 1998 Okla. LEXIS 86; 1998 WL 400121
- **Precedential status:** Published
- **Opinion:** Concurrence by Simms
- **Judges:** Kauger, Summers, Lavender, Hargrave, Simms, Hodges, Opala, Wilson, Watt
- **Cited by:** 25 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9622485

## How later opinions describe it (automated extraction)

- observing that “[t]hose federal courts which have considered the issue of an attorney’s recovery of both the court awarded statutory fee and the entirety of the contingent fee amount, have disallowed the arrangement as inappropriate and a windfall to the attorney”

## Opinion text

SIMMS, Justice,
concurring specially:
¶ 1 I concur with the majority, however, I would find respondent Nation is also subject to discipline and publicly censure him for his participation in this fee arrangement. Additionally, I would order both respondents to make restitution to Mr. Dodoo of the $20,000 contingent attorney’s fee. Even though restitution may undoubtedly be obtained in the district court, I would resolve the issue in this discipline matter. Respondents obtained a windfall recovery which they were not entitled to receive and I would order them to return it to their client as restitution.
WATT, Justice, dissenting:
I would suspend each respondent for some period of time.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9622485. Public record. Not legal advice.