ORDER RESTRICTING HANDLING OF CLIENT FUNDS AND PLACING CONDITIONS ON PRACTICE OF LAW
This is a petition by the state bar for an order temporarily suspending attorney J. Taylor Oblad from the practice of law, pending the resolution of formal disciplinary proceedings. The petition and supporting documentation allege that Oblad has misappropriated client funds. Oblad has filed a response to the petition in which he denies intentionally taking client funds to which he was not entitled but acknowledges irregularities in his trust account, agrees to an order restricting the handling of client funds, and argues against an interim suspension because Oblad is now employed by an insurance defense firm and no longer handles any client or third-party funds. SCR 102(4)(b) provides, in pertinent part:
On the petition of bar counsel, supported by an affidavit alleging facts personally known to the affiant, which shows that an attorney appears to be posing a substantial threat of serious harm to the public, the supreme court may order, with notice as the court may prescribe, the attorneys immediate temporary suspension or may impose other conditions upon the attorneys practice.
In addition, SCR 102(4)(c) provides that we may place restrictions on an attorneys handling of funds.
Based on the documentation before us, we conclude that the irregularities with respect to Oblads trust account warrant a restriction on Oblads handling of client and third-party funds. But based on Oblads representations that he does not handle any client or third-party funds with his current employer, we conclude Oblad does not pose a substantial threat of serious harm to the public and therefore an interim suspension is not warranted at this time. To ensure that does not change, we impose conditions on Oblads practice of law. See SCR 102(4)(b) (providing that the court may impose a temporary suspension “or may impose other conditions upon the attorneys practice”). Accordingly, we decline to impose an interim suspension, but we impose the following conditions on attorney J. Taylor Oblads practice of law pending resolution of formal disciplinary proceedings: (1) Oblad must not engage in the solo practice of law, and (2) Oblad must obtain a forensic review of his trust account by a certified public accountant and provide that review to the State Bar.
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In addition, pursuant to SCR 102(4)(b) and (c), we impose the following conditions on Oblads handling of funds:
1. All proceeds from Oblads practice of law and all fees and other funds received from or on behalf of any clients shall, from the date of service of this order, be deposited into a trust account from which no withdrawals may be made by Oblad except upon written approval of bar counsel; and
2. Oblad is prohibited from withdrawing any funds from any and all accounts in any way relating to Oblads law practice, including but not limited to Oblads general and trust accounts, except upon written approval of bar counsel.
The State Bar shall immediately serve Oblad with a copy of this order. Such service may be accomplished by personal service, certified mail, delivery to a person of suitable age at Oblads place of employment or residence, or by publication. When served on either Oblad or a depository in which Oblad maintains an account, this order shall constitute an injunction against withdrawal of the proceeds except in accordance with the terms of this order. See SCR 102(4)(c).
It is so ORDERED.
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Cadish, C.J.
Stiglich, J.
Pickering, J.
Herndon, J.
Lee, J.
Parraguirre, J.
Bell, J.
FOOTNOTES
1
. In response to the State Bars petition, Oblad indicated an intent to obtain such a review and provide it to the State Bar.
2
. This is our final disposition of this matter. Any new proceedings shall be docketed under a new docket number.