On Tuesday, September 17, 2024, the Supreme Court of Oklahoma suspended Attorney David Leo Smith from the practice of law for 30 days.
The case is entitled “Oklahoma Bar Association v David Leo Smith,” with case no. 7429.
The case stemmed from Smith’s representation of Pamela Brown and her brothers in a 2013 wrongful death lawsuit against a home healthcare provider following their mother’s death. Smith negotiated a $75,000 settlement in 2016 but failed to promptly distribute the funds to the heirs. A dispute arose with the estate’s attorney over Smith’s legal fees and his handling of the settlement money.
Smith was accused of mishandling client funds, receiving an improper referral fee, making false statements, and other professional misconduct charges. However, the Tribunal only found clear and convincing evidence that Smith violated rules related to fees, trust accounting, and being candid with the court.
Specifically, the Supreme Court found Smith violated professional conduct rules by sharing a referral fee with another attorney without the client’s written consent. They also determined he improperly used some of the settlement funds for personal or business expenses, though it was deemed commingling or simple conversion rather than misappropriation. Further, Smith failed to correct a false statement he made in a court filing.
In their ruling, the court acknowledged Smith’s mismanagement of funds as serious but did not believe it rose to the level of similar prior cases that resulted in lengthier suspensions. They noted it appeared to be due to negligence rather than intentional misconduct. Mitigating factors included Smith’s clean disciplinary record in his 30-year career, character witnesses, admission of wrongdoing, and remedial efforts.
While the Tribunal recommended a shorter public censure or suspension of up to 90 days, the Supreme Court ultimately suspended Smith for 30 days, taking effect immediately.
According to avvo.com, Mr. Smith is an attorney in Oklahoma City, Oklahoma. He acquired his law license in Oklahoma in 1992.
A copy of the original filing can be found here.
