State of Oklahoma, ex rel. Oklahoma Bar Association v. Dochele Burnett

Summary

The Oklahoma Supreme Court imposed a public reprimand on Dochele Burnett for incompetent and inadequate representation in a Chapter 13 bankruptcy case, unauthorized practice of law and misleading communications concerning her licensure. The court also found that she failed to notify the Oklahoma Bar Association of discipline imposed in Texas and federal courts and ordered her to pay $774.89 in costs.

Holdings

1. Burnett failed to competently represent her client in the Chapter 13 bankruptcy case, violating Rule 1.1 of the Oklahoma Rules of Professional Conduct.
2. Burnett violated Rule 1.3 by failing to timely amend the client's Chapter 13 plan and thereby failing to act with reasonable diligence.
3. Burnett violated Rule 1.4 by failing to obtain her client's consent to the settlement with Mazda American Credit and by failing to inform the client of the settlement.
4. Burnett violated Rules 7.1(a)(1) and 7.5(b) by failing to indicate on her letterhead and petitions that she was licensed only in Oklahoma, thereby misleading the public, clients, and other attorneys.
5. Burnett violated Rule 7.7(a) of the Rules Governing Disciplinary Proceedings by failing to notify the Oklahoma Bar Association of discipline imposed by federal courts and of her acknowledgment of unauthorized practice of law in Texas.
6. The appropriate discipline was a public reprimand, together with payment of $774.89 in disciplinary proceeding costs within ninety days after the opinion became final.

Questions Presented

1. Whether Burnett violated the Oklahoma Rules of Professional Conduct by providing incompetent representation in a Chapter 13 bankruptcy matter.
2. Whether Burnett violated the duty of diligence by failing to timely amend the client's Chapter 13 plan.
3. Whether Burnett violated the duty of communication by settling the creditor's dispute without the client's consent or knowledge.
4. Whether Burnett made misleading communications by failing to disclose that she was licensed only in Oklahoma.
5. Whether Burnett violated the Rules Governing Disciplinary Proceedings by failing to report discipline and unauthorized-practice conduct occurring in other jurisdictions.
6. What discipline and costs should be imposed.

Disposition

other