From our private database of 14,100+ case briefs...
State ex rel. Oklahoma Bar Association v. Smolen
Supreme Court of Oklahoma
17 P.3d 456 (2000)
Attorney Donald Smolen (defendant) represented a client named Miles in a case before the Oklahoma Workers’ Compensation Court. Smolen loaned Miles $1,200 through a check that noted the money was for travel expenses. However, Smolen admitted that the true purpose of the loan was to cover Miles’s living expenses after Miles’s home was destroyed in a fire. Smolen’s loan to Miles was interest free and had no penalty or fee other than the cost of the principal. Miles repaid $200 on the loan. Smolen agreed to forego any further repayment until the workers’ compensation case was completed. Miles became involved in other legal matters and searched for a new attorney to handle the other matters. When Smolen learned that Miles was looking for a new attorney, Smolen terminated their attorney-client relationship. Miles later hired another attorney. During a mediation of a fee dispute between Miles and the new attorney, the Tulsa County Bar Association learned about Smolen’s loan to Miles and reported Smolen’s conduct to the Oklahoma Bar Association (OBA) (plaintiff). The OBA filed a complaint of misconduct against Smolen, alleging that Smolen had violated Oklahoma Rule of Professional Conduct (ORPC) 1.8(e), which prohibited attorneys from providing financial assistance to clients in connection with pending or contemplated litigation. The state supreme court reviewed the record de novo.
Rule of Law
Holding and Reasoning (Hodges, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 223,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.