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

Summary

The Supreme Court of Oklahoma held that Monte L. Seratt received due process in attorney disciplinary proceedings despite his failure to answer the complaint or appear at the hearing. The court found clear and convincing evidence of repeated client neglect, failure to communicate, misuse of client funds, and failure to cooperate with the Oklahoma Bar Association, and ordered disbarment. The court declined to impose discipline based on the alleged perjury at Seratt’s deposition.

Holdings

1. Seratt received due process because he received the formal complaint and was given a fair opportunity to respond and participate, but deliberately failed to answer, maintain contact with the Bar Association, or appear at the hearing.
2. Because Seratt failed to answer the complaint, the allegations were deemed admitted under Rule 6.4, subject to the requirement that evidence be presented to determine the appropriate discipline.
3. The record established by clear and convincing evidence that Seratt violated Rules 1.1, 1.2, 1.3, 1.4, 1.5, 1.15, and 1.16(d) of the Rules of Professional Conduct and Rules 1.4(d) and 5.2 of the Rules Governing Disciplinary Proceedings.
4. Disbarment was warranted, and Seratt's name was ordered stricken from the roll of attorneys.

Questions Presented

1. Whether Seratt was afforded due process in the disciplinary proceeding despite his failure to answer the complaint and appear at the hearing.
2. What discipline was appropriate for Seratt's admitted and proven misconduct.
3. Whether the Bar Association established by clear and convincing evidence that Seratt committed perjury at his February 2002 deposition.

Disposition

other