Tahlequah attorney disbarred

By Donna Hales
Phoenix Staff Writer

November 22, 2007 12:34 am

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Tahlequah attorney Nathan Young III has been disbarred for using his trust account to pay family bills.
Young testified before the Oklahoma Supreme Court’s Professional Responsibility Tribunal that he used his trust account to pay for home and car insurance, cable television, cash, and payroll obligations. He also testified he made payments to various family members.
The tribunal found Young’s misuse of trust funds was “flagrant and unsettled.”
Young, licensed since 1975, said he received criticism for having too many people with access to the trust account, which resulted in sloppy bookkeeping.
“Considering the deterioration of my health and the health of some of my family members this past year, I probably should see it (disbarment) as a blessing in disguise,” Young said Wednesday.
The Oklahoma Rules of Professional Conduct require lawyers to maintain a separate account for funds belonging to a client or a third party. That is to safeguard the funds and maintain complete records of the funds. The owner is to be notified when the funds are received.
Young represented a client in a personal injury case that was settled March 31, 2006. Young deposited a settlement check of $142,000 in his trust account, according to court records.
Young has failed to pay $19,714.77 in bills from his client’s medical providers. He stated he intends to pay these providers, but there is no indication that any payments have been made, the court stated.
Replenishing misused trust funds or an intent just to “borrow” the funds does not negate the violation, the court said.
Young is ordered to pay court costs of $1,065.54 within 90 days.
As a condition of reinstatement, Young must make restitution to his client’s medical providers and to another client for unaccounted for funds advanced for litigation expenses.
Young said he contests that there are funds unaccounted for, but because of a computer crash in 2004, the records are not available.
The court file states Young attributed part of his problem to stresses in his life and to his bouts with depression, but said Young does not consider those factors a defense. The court said it was aware Young had suffered many family problems.