State ex rel. Oklahoma Bar Ass'n v. Copeland
| Decision Date | 15 February 1994 |
| Docket Number | No. OBAD,No. SCBD,OBAD,SCBD |
| Citation | 1994 OK 21,870 P.2d 776 |
| Parties | STATE of Oklahoma, ex rel. OKLAHOMA BAR ASSOCIATION, Complainant, v. Robert B. COPELAND, Respondent. 1028.3784. |
| Court | Oklahoma Supreme Court |
Oklahoma Bar Association brought a formal complaint against lawyer for unprofessional conduct. Trial panel of the Professional Responsibility Commission recommended a private reprimand.
RESPONDENT PUBLICLY REPRIMANDED AND ORDERED TO PAY COSTS.
Gloria Miller White, Asst. Gen. Counsel, Oklahoma Bar Ass'n, Oklahoma City, for complainant.
Robert B. Copeland, Oklahoma City, for respondent.
The respondent/lawyer and the Bar Association agreed to stipulations of fact and law as well as discipline. The trial panel approved of the agreed discipline in the form of a private reprimand. On de novo review we decline to adopt the recommended discipline, issue instead a public reprimand, and order the respondent to pay costs.
Ms. W. sought legal advice from the respondent. She appeared at his office and explained that she desired to bring an action against her employer and certain co-employees. She stated that while at work she had a personal phone conversation, that her employer taped the conversation, and that certain employees later heard the taped conversation.
The respondent stated that Ms. W. wanted to file a sexual harassment lawsuit, but that he had advised her that her claim was groundless. The respondent stipulated that during this meeting he "approached Ms. W. from behind and purposefully touched Ms. W.'s breast asking if that was the type of conduct displayed by her co-workers." The respondent also stipulated that after this act he and Ms. W. discussed her marital status and general matters. On the other hand, it was also stipulated that if Ms. W. testified she would state that after she was touched the respondent related that sexual favors had been performed for him by another female client. In sum, everyone agrees that the touching took place, but there is a dispute as to what the respondent and Ms. W. talked about afterwards.
In State ex rel. Oklahoma Bar Association v. Sopher, 852 P.2d 707 (Okla.1993) we stated that "[t]aking advantage of the attorney-client relationship by making sexual advances accompanied by offensive touching is professional misconduct and will result in disciplinary action against the attorney when the matter is brought to the attention of this Court." Id. 852 P.2d at 710-711. An allegation of unprofessional conduct must be...
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