In re Tillman

• Decision Date: 17 May 1932
• Docket Number: 22395.
• Citation: 11 P.2d 511,157 Okla. 166,1932 OK 397
• Parties: In re TILLMAN.
• Court: Oklahoma Supreme Court

11 P.2d 511

157 Okla. 166, 1932 OK 397

In re TILLMAN.

No. 22395.

Supreme Court of Oklahoma

May 17, 1932

Syllabus by the Court.

1. Where the Board of Governors of the State Bar of Oklahoma try a cause and render findings therein, this court will on appeal review and weigh the evidence, but will not reverse the finding unless it is against the clear weight thereof.

2. Where an attorney accepts employment to represent a client before an appellate court and violates his duty to said client in his conduct of said cause, the same is grounds for disciplinary action against said attorney.

3. Record examined, and held, respondent should be suspended from practice of law for a period of 30 days from and after the date this opinion becomes final.

Original proceeding to review an opinion of the Board of Governors of the State Bar of Oklahoma ordering that Fred Tillman be suspended from the practice of law.

Findings of the Board of Governors approved, and petitioner suspended.

Hamilton Gross & Howard, of Pawhuska, for respondent.

CULLISON J.

Fred Tillman, respondent, filed his petition in the Supreme Court requesting a review of the opinion of the Board of Governors rendered on January 10, 1931, wherein the Board of Governors ordered that Fred Tillman be suspended from the practice of law in the state of Oklahoma for a period of thirty days from and after the approval of said order by the Supreme Court of the State of Oklahoma.

The record discloses that Fred Tillman was an attorney at law at Pawhuska, Okl. That Fate Colbaugh had been convicted in the United States District Court for the Northern District of Oklahoma and sentenced to serve three years in the federal penitentiary and to pay a fine of $300.

Tillman did not represent Colbaugh in the trial of said cause, but immediately after said conviction, J. L. Colbaugh, father of Fate Colbaugh, employed respondent herein to secure bail for Fate Colbaugh and paid respondent $250 for said service.

J. L Colbaugh then employed respondent to perfect and carry out an appeal in the Circuit Court of Appeals in the case of United States v. Colbaugh, and was to pay a $500 fee therefor. Said fee was to cover the expense of preparing the record and all expenses incident to said appeal. On January 19, 1926, $100 was paid on said fee, and on May 3d following, $200 was paid on said fee.

On May 25th thereafter, respondent announced to the Circuit Court of Appeals in open court that he withdrew as attorney for Colbaugh in his appeal pending in the Circuit Court of Appeals. This was the date said cause was set for hearing in the Circuit Court of Appeals. Said court immediately directed that Colbaugh be notified of the status of his appeal and was given until June 2d to show cause why his appeal should not be dismissed.

Respondent returned to Pawhuska from his appearance before the Circuit Court of Appeals, and Colbaugh interviewed respondent on May 28th, and paid $100 to apply on his attorney's fee, leaving $100 unpaid on the $500 fee. Respondent prepared mimeograph briefs in support of Colbaugh's appeal in the Circuit Court and immediately forwarded the same to an attorney at St. Paul, Minn., to be presented to the Circuit Court. The court refused to permit the briefs to be filed, and dismissed his writ of error.

Colbaugh secured other counsel and filed a motion praying the Circuit Court of Appeals to...