State ex rel. Oklahoma Bar Ass'n v. Durland

Summary

The Oklahoma Supreme Court considered attorney disciplinary charges against Jack R. Durland, who had served as a co-trustee and misrepresented the investment of trust funds by sending bogus certificates of deposit. The court found clear and convincing evidence of dishonesty, fraud, and misrepresentation, ordered Durland disbarred, struck his name from the roll of attorneys, and assessed $3,829.61 in costs.

Holdings

1. The Supreme Court of Oklahoma reviews attorney disciplinary matters de novo in the exercise of its exclusive jurisdiction; the Professional Responsibility Tribunal's factual findings and recommendations are advisory rather than binding, and misconduct must be established by clear and convincing evidence.
2. Durland's falsification of certificates of deposit and related misrepresentations were proven by clear and convincing evidence and violated Oklahoma Rules of Professional Conduct Rules 8.4(b) and 8.4(c).
3. Disbarment was warranted because the forged certificates of deposit and associated fraud and misrepresentation went to Durland's fitness to practice law, notwithstanding his mitigating evidence.
4. Durland's repeated failure to provide complete information and documents concerning the grievance violated Rules 8.1(b), 8.4(d), and Rule 5.2 of the Rules Governing Disciplinary Proceedings.

Questions Presented

1. What standard governs the Supreme Court of Oklahoma's review of attorney disciplinary proceedings?
2. Whether Durland's falsification of certificates of deposit and related misrepresentations were proven by clear and convincing evidence and constituted professional misconduct.
3. Whether the misconduct warranted disbarment.
4. Whether Durland's failure to provide complete information during the disciplinary investigation violated the applicable professional-conduct and disciplinary-proceeding rules.

Disposition

other