RECENT DEVELOPMENTSRECENT DEVELOPMENTSO.R.P.C.O.R.P.C.

Gina HendryxGina Hendryx

Ethics CounselEthics Counsel

Oklahoma Bar Association Oklahoma Bar Association

CLE/MCLECLE/MCLE

MCLEMCLE No paper filing if in compliance, everything No paper filing if in compliance, everything

can be done through email or via the webcan be done through email or via the web Check status at Check status at www.okbar.orgwww.okbar.org on on

myokbar linkmyokbar link No response needed if in compliance; i.e., No response needed if in compliance; i.e.,

you have enough CLE hoursyou have enough CLE hours Ethics Counsel/Ethics QuestionsEthics Counsel/Ethics Questions

Gina Hendryx Gina Hendryx 416-7083416-7083

MANDATORY IOLTAMANDATORY IOLTA Client funds which are:Client funds which are:

Nominal in amount or Nominal in amount or To be held for a short period of timeTo be held for a short period of time

Must be placed in an interest bearing trust account with the Must be placed in an interest bearing trust account with the interest going to the Oklahoma Bar Foundation interest going to the Oklahoma Bar Foundation

Nominal–determined by:Nominal–determined by: the amount of interest the funds would earn while depositedthe amount of interest the funds would earn while deposited the cost of establishing and administering the accountthe cost of establishing and administering the account the capability of the bank to calculate and pay the interest to a the capability of the bank to calculate and pay the interest to a

clientclient If not nominal:If not nominal:

if you have a client’s funds that will earn interest for the if you have a client’s funds that will earn interest for the client’s benefit, the funds should go into an interest bearing client’s benefit, the funds should go into an interest bearing account for the benefit of the client.account for the benefit of the client.

Practical EffectsPractical Effects attorney must complete an annual trust account certificate attorney must complete an annual trust account certificate

which is part of the dues statementwhich is part of the dues statement

RULES OF PROFESSIONAL RULES OF PROFESSIONAL CONDUCT COMMITTEECONDUCT COMMITTEE

Conducted a review of the entire Conducted a review of the entire Oklahoma Rules of Professional ConductOklahoma Rules of Professional Conduct

Changes adopted were based upon the Changes adopted were based upon the ABA Model Rules of Professional ABA Model Rules of Professional Conduct/E2K CommitteeConduct/E2K Committee

Proposed rule changes may be viewed at Proposed rule changes may be viewed at www.okbar.orgwww.okbar.org, under Ethics and , under Ethics and Professionalism linkProfessionalism link

Link to proposed rule changes were Link to proposed rule changes were published in the Bar Journal published in the Bar Journal

Public Hearings ScheduledPublic Hearings Scheduled

MODEL RULES OF MODEL RULES OF PROFESSIONAL CONDUCTPROFESSIONAL CONDUCT

No major update to ABA Model Rules No major update to ABA Model Rules since 1983since 1983

No major update in Oklahoma since No major update in Oklahoma since adoption of Model Rules in 1988adoption of Model Rules in 1988

Changes needed to unify rules from Changes needed to unify rules from state to statestate to state 44 states use Model Rules, but many 44 states use Model Rules, but many

have significant variations—numbering have significant variations—numbering variations, etc.variations, etc.

MODEL RULES OF MODEL RULES OF PROFESSIONAL CONDUCTPROFESSIONAL CONDUCT

GENERAL PURPOSES OF REVIEW:GENERAL PURPOSES OF REVIEW: Clarify lawyer’s duty to communicate with Clarify lawyer’s duty to communicate with

clientsclients Replaced “consent” with “informed consent, in Replaced “consent” with “informed consent, in

writing” throughout the Ruleswriting” throughout the Rules ““Informed consent” appears 17 timesInformed consent” appears 17 times ““Confirmed in writing” appears 10 timesConfirmed in writing” appears 10 times

Clarify lawyer’s duty to clients in specific areasClarify lawyer’s duty to clients in specific areas Rule 1.8--Client-Lawyer sexual relationshipsRule 1.8--Client-Lawyer sexual relationships Rule 1.15--Advance Fees and payments for Rule 1.15--Advance Fees and payments for

expenses not yet earned must stay in trust accountexpenses not yet earned must stay in trust account

MODEL RULES OF MODEL RULES OF PROFESSIONAL CONDUCTPROFESSIONAL CONDUCT

GENERAL PURPOSES OF REVIEW:GENERAL PURPOSES OF REVIEW: Respond to changing organization and Respond to changing organization and

structure of law practicesstructure of law practices Eliminated imputation of most personal Eliminated imputation of most personal

conflictsconflicts Extended conflict provisions to mediatorsExtended conflict provisions to mediators Expanded sale of law practiceExpanded sale of law practice Expanded disciplinary enforcement over Expanded disciplinary enforcement over

lawyers not admitted in this jurisdictionlawyers not admitted in this jurisdiction Respond to technological advancesRespond to technological advances

RULES OF PROFESSIONAL RULES OF PROFESSIONAL CONDUCT COMMITTEECONDUCT COMMITTEE

Many changes were stylistic or Many changes were stylistic or simply clarified the old rulessimply clarified the old rules Rule 1.5: Rule now requires that a Rule 1.5: Rule now requires that a

contingency fee contract be contingency fee contract be signedsigned by by the client and include language which the client and include language which clearly identifiesclearly identifies what expenses the what expenses the client will be responsible for if the client client will be responsible for if the client is not the prevailing partyis not the prevailing party

CURRENT OKLAHOMA RULES CURRENT OKLAHOMA RULES RETAINEDRETAINED

Five current Oklahoma Rules were retained Five current Oklahoma Rules were retained in their entirety:in their entirety: Rule 3.6 (Trial Publicity)Rule 3.6 (Trial Publicity) Rule 5.7 (Law Related Services)Rule 5.7 (Law Related Services) Rule 6.1 (Pro Bono)Rule 6.1 (Pro Bono)

(ABA rule—lawyers should (ABA rule—lawyers should aspireaspire to provide to provide 50 hours of pro bono services) 50 hours of pro bono services)

Rule 6.4 (Law Reform Activities)Rule 6.4 (Law Reform Activities) Rule 7.4 (Communicating Fields of Rule 7.4 (Communicating Fields of

Practice)Practice)

NO SUBSTANTIAL CHANGES NO SUBSTANTIAL CHANGES

Rule 1.1 CompetenceRule 1.1 Competence Rule 1.3 DiligenceRule 1.3 Diligence Rule 1.9 Conflicts with Former ClientsRule 1.9 Conflicts with Former Clients

““Informed consent, confirmed in writing” addedInformed consent, confirmed in writing” added Rule 1.12 Conflicts and Former Judge, Rule 1.12 Conflicts and Former Judge,

Arbitrator, etc.Arbitrator, etc. Mediators addedMediators added

Rule 1.16 Declining RepresentationRule 1.16 Declining Representation Rule 2.1 Attorney as AdvisorRule 2.1 Attorney as Advisor

NO SUBSTANTIAL CHANGESNO SUBSTANTIAL CHANGES

Rule 3.1 Meritorious Claims and ContentionsRule 3.1 Meritorious Claims and Contentions Rule 3.4 Fairness to Opposing Party and Rule 3.4 Fairness to Opposing Party and

Counsel Counsel Rule 3.7 Lawyer as WitnessRule 3.7 Lawyer as Witness Rule 3.8 Special Responsibilities of Prosecutor Rule 3.8 Special Responsibilities of Prosecutor Rule 4.1 Truthfulness in Statements made to Rule 4.1 Truthfulness in Statements made to

OthersOthers Rule 5.2 Responsibilities of Subordinate Rule 5.2 Responsibilities of Subordinate

LawyerLawyer

RULE 1.6RULE 1.6CLIENT CONFIDENTIALITYCLIENT CONFIDENTIALITY

Allows disclosure of confidential information to Allows disclosure of confidential information to prevent:prevent: Reasonably certain death or substantial bodily harmReasonably certain death or substantial bodily harm The client from committing a crimeThe client from committing a crime The client from committing a fraud that is reasonably The client from committing a fraud that is reasonably

certain to result in substantial financial injury certain to result in substantial financial injury in which the in which the lawyer’s services have been usedlawyer’s services have been used

Substantial injury to the financial interests of another Substantial injury to the financial interests of another in in which the lawyer’s services have been usedwhich the lawyer’s services have been used

Allows disclosure of confidential information so Allows disclosure of confidential information so that the lawyer can obtain advice on the that the lawyer can obtain advice on the lawyer’slawyer’s compliance with the Rules of Professional Conductcompliance with the Rules of Professional Conduct

RULE 1.7RULE 1.7CONFLICTS OF INTERESTCONFLICTS OF INTEREST

A lawyer may no longer represent a client A lawyer may no longer represent a client with whom the lawyer has a with whom the lawyer has a concurrent concurrent conflict of interestconflict of interest,, which exists if: which exists if: Representation of one client will be Representation of one client will be directly directly

adverseadverse to another client; or to another client; or There is There is significant risksignificant risk that the that the

representation of a client will be representation of a client will be materially materially limitedlimited by the lawyer’s responsibilities to by the lawyer’s responsibilities to another clientanother client

Rule now requires “Informed Consent, Rule now requires “Informed Consent, confirmed in writing”confirmed in writing”

RULE 1.7RULE 1.7CONFLICTS OF INTERESTCONFLICTS OF INTEREST

Proposed Definition of Informed Proposed Definition of Informed Consent:Consent: ““Informed consent” denotes the Informed consent” denotes the

agreement by a person to a proposed agreement by a person to a proposed course of conduct after the lawyer has course of conduct after the lawyer has communicated adequate information communicated adequate information and explanation about the material risks and explanation about the material risks of and reasonably available alternatives of and reasonably available alternatives to the proposed course of conduct.to the proposed course of conduct.

Must be in writingMust be in writing

RULE 1.7RULE 1.7CONFLICTS OF INTEREST CONFLICTS OF INTEREST

Comment—Almost entirely new Comment—Almost entirely new Reorganized to better explain when a conflict Reorganized to better explain when a conflict

is present and what to dois present and what to do [1]-[5] Introduction[1]-[5] Introduction [6]-[22] General Conflict Analysis[6]-[22] General Conflict Analysis [23]-[25] Litigation Conflicts[23]-[25] Litigation Conflicts [26]-[28] Non-litigation Conflicts[26]-[28] Non-litigation Conflicts [29]-[33] Common Representation[29]-[33] Common Representation [34]-[35] Organizational Client Conflicts[34]-[35] Organizational Client Conflicts

Significant language on the prohibition of Significant language on the prohibition of attorney-client sexual relationsattorney-client sexual relations

RULE 1.8RULE 1.8TRANSACTIONS WITH CLIENTSTRANSACTIONS WITH CLIENTS

A lawyer may now pay court costs and A lawyer may now pay court costs and litigation expenses on behalf of an litigation expenses on behalf of an indigent indigent clientclient

Specific prohibition of sexual relations Specific prohibition of sexual relations with a client unlesswith a client unless A consensual sexual relationship existed A consensual sexual relationship existed

prior to the attorney-client relationship and prior to the attorney-client relationship and The relationship does not violate Rule 1.7The relationship does not violate Rule 1.7

RULE 1.8(C)RULE 1.8(C) (c) A lawyer shall not solicit any (c) A lawyer shall not solicit any substantialsubstantial gift gift

from a client, including a testamentary gift, for from a client, including a testamentary gift, for the lawyer or a person related to the lawyer. the lawyer or a person related to the lawyer. Nor shall the lawyer prepare on behalf of a Nor shall the lawyer prepare on behalf of a client an instrument giving the lawyer or a client an instrument giving the lawyer or a person related to the lawyer any substantial gift person related to the lawyer any substantial gift unless the lawyer or other recipient of the gift is unless the lawyer or other recipient of the gift is related to the client. For purposes of this related to the client. For purposes of this paragraph, paragraph, related persons include a spouse, related persons include a spouse, child, grandchild, parent, grandparent or other child, grandchild, parent, grandparent or other relative.relative.

NOTE: The proposed ABA version of Rule 1.8 defines related NOTE: The proposed ABA version of Rule 1.8 defines related persons as “a relative or individual with whom the lawyer or persons as “a relative or individual with whom the lawyer or the client maintains a the client maintains a close familial relationshipclose familial relationship. This HAS NOT . This HAS NOT been adopted in Oklahoma.been adopted in Oklahoma.

RULE 1.10RULE 1.10IMPUTATION OF CONFLICTSIMPUTATION OF CONFLICTS

A conflict is no longer imputed on an entire A conflict is no longer imputed on an entire firm where a lawyer has a “personal firm where a lawyer has a “personal conflict” if conflict” if the personal conflict does not represent a the personal conflict does not represent a

“significant risk of materially limiting” “significant risk of materially limiting” representation by the other lawyers in the firmrepresentation by the other lawyers in the firm

When the attorney is interviewing with an opponent of When the attorney is interviewing with an opponent of the lawyer’s clientthe lawyer’s client

When an attorney has a related business interest to his When an attorney has a related business interest to his clientsclients

When an attorney is representing different clients in the When an attorney is representing different clients in the same or substantially related matters are closely same or substantially related matters are closely related by blood or marriagerelated by blood or marriage

RULE 1.13RULE 1.13ORGANIZATION AS CLIENTORGANIZATION AS CLIENT

Language was added to clarify when Language was added to clarify when an attorney can reveal confidential an attorney can reveal confidential information of the organizationinformation of the organization

Language was added to provide Language was added to provide guidance to an attorney discharged guidance to an attorney discharged for revealing informationfor revealing information The attorney may “proceed as the The attorney may “proceed as the

lawyer reasonably believes is necessary” lawyer reasonably believes is necessary” to assure that the organization’s highest to assure that the organization’s highest authority knows of the dischargeauthority knows of the discharge

RULE 1.14RULE 1.14CLIENT WITH DIMINISHED CLIENT WITH DIMINISHED

CAPACITYCAPACITY Language was added to include Language was added to include

protective measures an attorney can protective measures an attorney can take if the client is at risk of take if the client is at risk of substantial physical, financial, or substantial physical, financial, or other harmother harm Attorney may take reasonably necessary Attorney may take reasonably necessary

protective action includingprotective action including Consulting with individuals who can protect Consulting with individuals who can protect

the clientthe client Seek the appointment of a guardianSeek the appointment of a guardian

RULE 1.15RULE 1.15SAFEKEEPING PROPERTYSAFEKEEPING PROPERTY

Rule now specifically allows for depositing a Rule now specifically allows for depositing a lawyer’s own funds into the lawyer’s trust lawyer’s own funds into the lawyer’s trust account for paying account for paying bank service chargesbank service charges

Rule now requires that Rule now requires that all advance all advance payments for fees or expenses be placed payments for fees or expenses be placed into the lawyer’s trust accountinto the lawyer’s trust account, and may , and may only be withdrawn as fees are earned or only be withdrawn as fees are earned or expenses incurredexpenses incurred

Rule now makes specific provision that a Rule now makes specific provision that a lawyer may not place a lien on or apply to lawyer may not place a lien on or apply to fees property entrusted to the lawyer “for a fees property entrusted to the lawyer “for a specific purpose”specific purpose”

RULE 1.17RULE 1.17SALE OF A LAW PRACTICESALE OF A LAW PRACTICE

Allows for the sale of a law practice Allows for the sale of a law practice or an or an areaarea of practice if the lawyer of practice if the lawyer stops practicing entirely or leaves stops practicing entirely or leaves the geographical area in which the the geographical area in which the practice is conductedpractice is conducted

Allows for the sale of the practice or Allows for the sale of the practice or area of practice to area of practice to one or more one or more lawyers or law firmslawyers or law firms Multiple buyers are allowedMultiple buyers are allowed

RULE 3.3 RULE 3.3 CANDOR TO THE TRIBUNALCANDOR TO THE TRIBUNAL

Language added requires an attorney to Language added requires an attorney to correct correct a false statement of material fact a false statement of material fact or law if the lawyer knowingly made the or law if the lawyer knowingly made the statementstatement

Language added now requires a lawyer to Language added now requires a lawyer to take reasonable remedial measures, take reasonable remedial measures, including disclosure to the tribunal, if the including disclosure to the tribunal, if the lawyer knows that a person has engaged lawyer knows that a person has engaged in criminal or fraudulent conduct related to in criminal or fraudulent conduct related to the proceedingthe proceeding

RULE 4.4RULE 4.4RESPECT FOR RIGHTS OF RESPECT FOR RIGHTS OF

THIRD PERSONSTHIRD PERSONS Rule now only requires that the Rule now only requires that the

recipient of an inadvertently sent recipient of an inadvertently sent document document promptly notify the senderpromptly notify the sender Previous ABA formal opinion withdrawnPrevious ABA formal opinion withdrawn

Instructed recipients to Instructed recipients to not not review the review the inadvertently sent documents—no longer inadvertently sent documents—no longer requiredrequired

Comment—whether the recipient Comment—whether the recipient should return the documents is should return the documents is beyond the scope of these rulesbeyond the scope of these rules

RULE 5.5 UPL AND MULTI JURIS. RULE 5.5 UPL AND MULTI JURIS. PRACTICE OF LAWPRACTICE OF LAW

A lawyer, not licensed in Oklahoma may A lawyer, not licensed in Oklahoma may provide legal services in Oklahoma that:provide legal services in Oklahoma that: Are undertaken in association with an Are undertaken in association with an

Oklahoma attorney who actively Oklahoma attorney who actively participates in the matterparticipates in the matter

Are related to matters in which the attorney Are related to matters in which the attorney is admitted pro hac viceis admitted pro hac vice

Are related to an arbitration or mediation, if Are related to an arbitration or mediation, if the services arise out of the lawyer’s the services arise out of the lawyer’s practice in the jurisdiction in which he is practice in the jurisdiction in which he is licensedlicensed

RULE 5.5 UPL AND MULTI JURIS. RULE 5.5 UPL AND MULTI JURIS. PRACTICE OF LAWPRACTICE OF LAW

A lawyer not licensed in Oklahoma A lawyer not licensed in Oklahoma may also provide legal services in may also provide legal services in Oklahoma that:Oklahoma that: Are provided to the lawyer’s employer in Are provided to the lawyer’s employer in

connection with the employer’s matters connection with the employer’s matters so long as the lawyer does not provide so long as the lawyer does not provide legal services to third parties and does legal services to third parties and does not require admission pro hac vicenot require admission pro hac vice

Are authorized by federal lawAre authorized by federal law

RULE 7.2 RULE 7.2 ADVERTISINGADVERTISING

Language added now includes “electronic Language added now includes “electronic media” to the list of appropriate media” to the list of appropriate advertisingadvertising Includes internet and email advertisingIncludes internet and email advertising

But see Rule 7.3 for prohibition on solicitation of But see Rule 7.3 for prohibition on solicitation of clients via emailclients via email

Language added to clarify the exceptions Language added to clarify the exceptions to the reciprocal referral ruleto the reciprocal referral rule

Rule no longer requires that ads be kept Rule no longer requires that ads be kept for three years for three years

RULE 7.2(b)RULE 7.2(b)RECIPROCAL REFERRAL RECIPROCAL REFERRAL

(b) A lawyer shall not give anything of value, directly or indirectly, to a person for recommending the lawyer's services except that a lawyer may

(1) pay the reasonable costs of advertisements; (2) pay the usual charges of a legal service plan or qualified

lawyer referral service. A qualified lawyer referral service is a lawyer referral service

that has been approved by the OBA; (3) pay for a law practice in accordance with Rule 1.17; and (4) without paying anything solely for the referral, refer

clients to another lawyer or a nonlawyer professional pursuant to an agreement not otherwise prohibited under these Rules that provides for the other person to refer clients or customers to the lawyer, if

(i) the reciprocal referral agreement is not exclusive, and (ii) the client is informed of the existence and nature of the

agreement.

RULE 7.3 RULE 7.3 DIRECT CONTACT WITH DIRECT CONTACT WITH PROSPECTIVE CLIENTSPROSPECTIVE CLIENTS

Language added to prohibit “real-Language added to prohibit “real-time electronic” solicitation of clients time electronic” solicitation of clients (email)(email)

Language was moved from Rule 7.2 Language was moved from Rule 7.2 to this rule requiring that the phrase to this rule requiring that the phrase “Advertising Material” be included in “Advertising Material” be included in the solicitation (including emails to a the solicitation (including emails to a prospective client)prospective client)

RULE 8.5RULE 8.5DISCIPLINARY AUTHORITYDISCIPLINARY AUTHORITY

Language was added that subjects Language was added that subjects an attorney licensed in another state an attorney licensed in another state but practicing in this state (pro hac but practicing in this state (pro hac vice) to discipline in Oklahoma if the vice) to discipline in Oklahoma if the lawyer provides or offers to provide lawyer provides or offers to provide any legal service in this stateany legal service in this state

Lawyer also may be subject to Lawyer also may be subject to disciplinary proceedings in this state disciplinary proceedings in this state and the state in which he is licensedand the state in which he is licensed

DIVERSION PROGRAMDIVERSION PROGRAM In matters involving “lesser conduct”, an attorney may In matters involving “lesser conduct”, an attorney may

enter a “diversion” programenter a “diversion” program General Counsel’s office and the Professional Responsibility General Counsel’s office and the Professional Responsibility

Commission makes determinationCommission makes determination How determined?How determined?

Nature of misconduct, i.e. “lesser conduct”Nature of misconduct, i.e. “lesser conduct” whether it appears to be an isolated event whether it appears to be an isolated event whether it would help the respondentwhether it would help the respondent whether participating would further jeopardize the publicwhether participating would further jeopardize the public

What is lesser conduct?What is lesser conduct? defined by what it is notdefined by what it is not can’t involve misappropriation of fundscan’t involve misappropriation of funds if the attorney has been previously reprimanded for the same if the attorney has been previously reprimanded for the same

behaviorbehavior if the attorney has been previously reprimanded for anything if the attorney has been previously reprimanded for anything

in the previous three yearsin the previous three years

OUT OF STATE ATTORNEY’S OUT OF STATE ATTORNEY’S ACTACT

Act was repealed by Legislature but is now Act was repealed by Legislature but is now replaced by an Oklahoma Supreme Court Rulereplaced by an Oklahoma Supreme Court Rule

Out of State Attorneys need toOut of State Attorneys need to Register with OBA, submit letters of good standing, Register with OBA, submit letters of good standing,

and pay the non-refundable application fee ($350)and pay the non-refundable application fee ($350) Out of state attorneys no longer need to Out of state attorneys no longer need to

register with the Oklahoma Tax Commission register with the Oklahoma Tax Commission and are no longer limited on the number of and are no longer limited on the number of admissionsadmissions

Any Questions? Any Questions? Visit Visit www.okbar.orgwww.okbar.org, then go to “Quick links” , then go to “Quick links”

section under “Out of State Attorneys”, or section under “Out of State Attorneys”, or call Gina Hendryxcall Gina Hendryx

DISCIPLINE UPDATEDISCIPLINE UPDATE20052005

RESPONDRESPOND If you ever get a letter from the General If you ever get a letter from the General

Counsel’s office, RESPONDCounsel’s office, RESPOND Extensions of time will be freely given if you Extensions of time will be freely given if you

need more time to respondneed more time to respond Rule 5.2, RGDP, it is a violation of the rules if Rule 5.2, RGDP, it is a violation of the rules if

you don’t respondyou don’t respond

Gina HendryxGina Hendryx 416 7083416 7083

GRIEVANCESGRIEVANCES

20012001 2002 2002 20032003 20042004

ICIC 1078 1078 11651165 11221122 12151215

DCDC 473 473 448448 453453 433433

TOTTOT 1551 1551 16131613 15751575 16481648

TYPE OF MISCONDUCT AND TYPE OF MISCONDUCT AND AREA OF PRACTICEAREA OF PRACTICE

Type of MisconductType of Misconduct Area of Practice Area of Practice Neglect Neglect 44%44% CriminalCriminal 25%25% Misrepresentation Misrepresentation 11%11% FamilyFamily 22%22% Incompetence Incompetence 11%11% LitigationLitigation 18%18% Conflict of Interest Conflict of Interest 10%10% Estate/ProbateEstate/Probate 8%8% Personal Behavior Personal Behavior 9%9% Personal InjuryPersonal Injury 8%8% Trust Violations Trust Violations 9%9% BankruptcyBankruptcy 5%5% Excessive Fee Excessive Fee 3%3% AdministrativeAdministrative 3%3% Improper Advert.Improper Advert. 1%1% Real PropertyReal Property 3%3% UPL UPL 1%1% Workers’ CompWorkers’ Comp 2%2% Other Other 1%1% CorporateCorporate 1%1% Criminal Conv.Criminal Conv. 0%0% CommercialCommercial 1%1%

DISCIPLINARY CASESDISCIPLINARY CASES20042004

2 attorneys received Public Censures 2 attorneys received Public Censures 4 attorneys were suspended for 4 attorneys were suspended for

periods of six months to two years periods of six months to two years and one dayand one day

1 attorney was disbarred1 attorney was disbarred 9 attorneys submitted Resignations 9 attorneys submitted Resignations

Pending Disciplinary ProceedingsPending Disciplinary Proceedings

DISCIPLINARY CASESDISCIPLINARY CASES20052005

3 attorneys received public censures3 attorneys received public censures 1 attorney was suspended for 60 days1 attorney was suspended for 60 days 1 attorney was suspended for 6 1 attorney was suspended for 6

monthsmonths 3 attorneys were suspended for 1 year3 attorneys were suspended for 1 year 9 attorneys submitted Resignations 9 attorneys submitted Resignations

Pending Disciplinary ProceedingsPending Disciplinary Proceedings

DISCIPLINARY CASESDISCIPLINARY CASES Wagener, 2005 OK 3Wagener, 2005 OK 3 Anderson, 2005 OK 9Anderson, 2005 OK 9 Chapman, 2005 OK 16Chapman, 2005 OK 16 Funk, 2005 OK 26Funk, 2005 OK 26 Downes, 2005 OK 33Downes, 2005 OK 33 Benefield, 2005 OK 75Benefield, 2005 OK 75 Patterson, 2005 OK 76Patterson, 2005 OK 76 Loeliger, 2005 OK 79Loeliger, 2005 OK 79 Malloy, pendingMalloy, pending Pacenza, pendingPacenza, pending Harrah, pending with OSCHarrah, pending with OSC Garrett, pending with OSCGarrett, pending with OSC Rogers, pending with OSCRogers, pending with OSC Berger, pending with OSCBerger, pending with OSC

RESIGNATIONS PENDING RESIGNATIONS PENDING DISCIPLINARY PROCEEDINGSDISCIPLINARY PROCEEDINGS

Attorney signs an affidavit of Attorney signs an affidavit of recognition of charges pendingrecognition of charges pending Attorney does NOT admit to facts Attorney does NOT admit to facts

Functional equivalent of disbarmentFunctional equivalent of disbarment Attorney may not practice or apply for Attorney may not practice or apply for

reinstatement for 5 yearsreinstatement for 5 years Usually involves serious violations of Usually involves serious violations of

ORPCORPC Conversion, criminal charges, etc. Conversion, criminal charges, etc.

RESIGNATIONS PENDING RESIGNATIONS PENDING DISCIPLINARY PROCEEDINGSDISCIPLINARY PROCEEDINGS

Southern, 2005 OK 18Southern, 2005 OK 18 Hubbard, 2005 OK 19Hubbard, 2005 OK 19 Speer, 2005 OK 24Speer, 2005 OK 24 Parker, 2005 OK 31Parker, 2005 OK 31 Martin, 2005 OK 61Martin, 2005 OK 61 Wagener, 2005 OK 80Wagener, 2005 OK 80 Pariseau, 2005 OK 85Pariseau, 2005 OK 85 Scaggs, pending with OSCScaggs, pending with OSC Robelen, pending with OSCRobelen, pending with OSC

REINSTATEMENTSREINSTATEMENTS

Standard for reinstatement is HIGHER than Standard for reinstatement is HIGHER than when obtaining an OBA license the first when obtaining an OBA license the first timetime

Adversarial proceeding before the PRTAdversarial proceeding before the PRT General Counsel’s office, by rule, is to General Counsel’s office, by rule, is to

present witnesses who are in OPPOSITION present witnesses who are in OPPOSITION to the reinstatement to the reinstatement

Generally, if suspension was for DUES or Generally, if suspension was for DUES or CLE, then stipulations, letters of CLE, then stipulations, letters of recommendation, and testimony of recommendation, and testimony of applicant are sufficient for reinstatementapplicant are sufficient for reinstatement

REINSTATEMENTSREINSTATEMENTS

Two types of ReinstatementsTwo types of Reinstatements Reinstatements where discipline has Reinstatements where discipline has notnot been been

previously entered previously entered Attorney being stricken for failing to pay dues or failing Attorney being stricken for failing to pay dues or failing

to complete CLEto complete CLE Attorney submitting regular resignation with the Attorney submitting regular resignation with the

Executive Director of the OBAExecutive Director of the OBA Reinstatements where Reinstatements where discipline was entereddiscipline was entered

previously by Supreme Courtpreviously by Supreme Court Attorney has previously been suspended by the Attorney has previously been suspended by the

Oklahoma Supreme Court for two years and one day, Oklahoma Supreme Court for two years and one day, disbarred, or submitted a Resignation Pending disbarred, or submitted a Resignation Pending Disciplinary ProceedingsDisciplinary Proceedings

REINSTATEMENTSREINSTATEMENTS

Where no discipline was entered, the Where no discipline was entered, the Supreme Court focuses on:Supreme Court focuses on: the present moral fitness of the the present moral fitness of the

applicant, applicant, his present competence in legal skills,his present competence in legal skills, whether he has engaged in the whether he has engaged in the

unauthorized practice of law, and unauthorized practice of law, and whether he has complied with the rule-whether he has complied with the rule-

mandated requirements for mandated requirements for reinstatement.reinstatement.

REINSTATEMENTSREINSTATEMENTS Where a finding of discipline was previously Where a finding of discipline was previously

entered, the Supreme Court focuses on: entered, the Supreme Court focuses on: (1) applicant's present moral fitness, (1) applicant's present moral fitness, (2) demonstrated consciousness of the conduct's (2) demonstrated consciousness of the conduct's

wrongfulness and the disrepute it has brought upon wrongfulness and the disrepute it has brought upon the legal profession, the legal profession,

(3) the extent of rehabilitation, (3) the extent of rehabilitation, (4) the original misconduct's seriousness, (4) the original misconduct's seriousness, (5) conduct after resignation, (5) conduct after resignation, (6) time elapsed since the resignation, (6) time elapsed since the resignation, (7) applicant's character, maturity and experience (7) applicant's character, maturity and experience

when he resigned, and when he resigned, and (8) present legal competence.(8) present legal competence.

REINSTATEMENTSREINSTATEMENTS Burkett, 2005 OK 23Burkett, 2005 OK 23 Granted Granted Rahhal, 2005 OK 25Rahhal, 2005 OK 25 GrantedGranted Seelye, 2005 OK 34Seelye, 2005 OK 34 DeniedDenied Fraley, 2005 OK 39Fraley, 2005 OK 39 DeniedDenied Bandy, 2005 OK 42Bandy, 2005 OK 42 GrantedGranted Willeford, 2005 OK 50Willeford, 2005 OK 50 GrantedGranted Rhoads, 2005 OK 53Rhoads, 2005 OK 53 GrantedGranted Mollett, 2005 OK 58Mollett, 2005 OK 58 GrantedGranted StewardSteward DismissedDismissed MeekMeek Pending with OSCPending with OSC HollimanHolliman Pending with OSCPending with OSC JonesJones Pending with OSCPending with OSC BassBass Pending with OSCPending with OSC MasseyMassey Pending with OSCPending with OSC