Summary: Attorney Jason Randal Elias, a.k.a. Jason Randal Corn offered to resign his license to practice law on March 13, 2015, while under investigation for professional disciplinary action due to two counts of alleged misconduct. Elias is alleged to have engaged in significant breaches of the attorney-client relationship with one Elizabeth Stambaugh by eliciting funds and gifts from his client in excess of one million dollars over a period of several years, and by interfering with guardianship proceedings later instituted to protect Ms. Stambaugh from Elias' actions. The facts are voluminous and set forth in full in the opinion. No abridgment would do them justice. The Oklahoma Supreme Court accepted Elias' resignation. Mr. Elias can apply for readmission in five years.
Legal Issues: The Oklahoma Supreme Court is directly responsible for the accreditation of attorneys in the state of Oklahoma. This is accomplished through the Oklahoma Bar Association and its enforcement of the Oklahoma Rules for Professional Conduct for Attorneys ("ORPC"). If an attorney is alleged to have violated the ORPC, the Oklahoma Bar Association investigates as outlined in the Rules Governing Disciplinary Proceedings ("RGDP").
Because the change of status of an attorney from 'good standing' to 'no longer a member of the bar' is of public significance, all attorney licensure matters are published, regardless of whether a novel legal question is involved.
Attorneys should avoid situations where they have a conflict of interest with the business or financial interests of their clients. ORPC 1.8. Attorneys are required to exercise a high level of protection for their clients, and this is especially true when the client has, or may have, a diminished capacity. ORPC 1.14. When an attorney knows that a party is represented by an attorney, the attorney is under an obligation to deal with the other party's attorney, and not to contact that other party directly. ORPC 4.2 Elias' alleged actions violated these standards, among others.
Discussion: Elias offered his resignation during the investigation of his actions. In these circumstances a resignation is 'tantamount to disbarment' in that both the time for readmission and the actual readmission process are the same for one who resigns and one who is disbarred. Obviously, the nature of the alleged misconduct is extremely severe and strikes to the heart of the attorney-client relationship. If Mr. Elias were to apply for readmission at the end of five years he will have an extremely difficult time satisfying the requirements for readmission.
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