On Tuesday, September 10, 2024, the Supreme Court of Oklahoma suspended attorney David Earl Johnson from practicing law for two years and one day for violations of multiple rules of professional conduct.
The case is entitled “Oklahoma Bar Association v. David Earl Johnson,” with case no. 7583.
The charges cited Oklahoma Rules of Professional Conduct 1.3, 1.4, 1,5, 1.5(c), 3.2, and 8.4(d).
In an opinion, the Court found clear and convincing evidence that Johnson failed to properly represent seven different clients over a period of time spanning from May 2018 to July 2023. He was charged with seven counts of misconduct by the Oklahoma Bar Association relating to lack of diligence, failure to communicate with clients, charging unreasonable fees without performing legal work, failing to have a written contingency fee agreement, and not responding to grievances filed against him.
The misconduct stemmed from several separate matters that Johnson had been retained for, including a personal injury case, two probate cases, a property dispute case, and three family law matters. In the personal injury matter, Mary Ann Chaffin hired Johnson in 2018 to represent her in a slip-and-fall case. However, Johnson failed to respond to discovery requests from the opposing party or file responses to motions, resulting in Chaffin’s case being dismissed with prejudice.
In two probate cases, Johnson was paid retainers to handle the probate of estates but did little work on the cases. One client had difficulty contacting Johnson for months, while the other had to hire a new lawyer to complete the probate after Johnson failed to make sufficient progress. Johnson also failed to properly represent a client, Terry Noble, in a property dispute lawsuit, neglecting to inform Noble that a motion for summary judgment had been filed which resulted in a $150,000 judgment and order against Noble.
Additionally, Johnson took money from three clients for family law matters but failed to file any cases or perform necessary legal work on their matters. The Court found Johnson violated rules relating to diligence, communication, charging reasonable fees, contingency agreements, and delays in litigation.
Testifying at his disciplinary hearing, Johnson acknowledged he “did not do right” by some clients and “owed his clients better communication.” However, he disputed some factual allegations. The Professional Responsibility Tribunal that heard the case recommended a two-year suspension, which the Court imposed.
In addition to the suspension, the Court ordered Johnson to pay costs associated with the disciplinary proceeding. The suspension is effective immediately and will prohibit Johnson from practicing law. To be reinstated after the suspension period, Johnson will have to comply with reinstatement procedures through the Oklahoma Bar Association.
The Disposition states:
“The Complainant has established by clear and convincing evidence the Respondent’s professional misconduct. We hold the appropriate discipline is to suspend the Respondent from the practice of law for a period of two years and one day from the date of this opinion. The Respondent is further required to pay the assessed costs of $3,666.21 within ninety days from the date of this opinion and to comply with the requirements of Rule 9.1, RGDP.”
According to avvo.com, Mr. Johnson is a litigation attorney in Tahlequah, Oklahoma. He attended the University of Nebraska College of Law, graduating in 2009. He acquired his law license in Oklahoma in 2017.
A copy of the original filing can be found here.
