Opinion

State Ex Rel. Oklahoma Bar Ass'n v. Clausing

  • 224 P.3d 1268
  • 2009 OK 74
  • 2009 Okla. LEXIS 78
  • 2009 WL 3103765
Court
Supreme Court of Oklahoma
Filed
Sep 29, 2009
Status
Published
Author
Taylor
On the bench
Opala, Taylor, Hargrave
Cited by
13 cases

Attorney for trust violated fiduciary duties by borrowing trust funds without obtaining affirmative consent of beneficiaries or advising them to seek independent legal advice; he impermissibly used information obtained from representation of the trust to further his own interests, borrowed money from the trust for a business transaction for his own personal gain, and thus created a conflict of interest between his fiduciary duties and his personal interests

How later courts described this case

  • Attorney for trust violated fiduciary duties by borrowing trust funds without obtaining affirmative consent of beneficiaries or advising them to seek independent legal advice; he impermissibly used information obtained from representation of the trust to further his own interests, borrowed money from the trust for a business transaction for his own personal gain, and thus created a conflict of interest between his fiduciary duties and his personal interests

Written by the judges who cited it.

The opinion

¶ 33 TAYLOR, V.C.J.,

dissenting

I would disbar this lawyer. He was a trustee. He stole money from this trust and fully repaid it only when he was discovered and confronted. The most efficient and effective remedy to insure the protection of the public interest and the legal profession is to disbar him. This lawyer has been the subject of bar discipline in the past. This is not his first trip before this Court and it should be his last.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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