State of Oklahoma ex rel. Oklahoma Bar Association v. Larry Dean Wagener

Summary

The Supreme Court of Oklahoma imposed a six-month suspension on Larry Dean Wagener for neglecting a criminal appeal, failing to communicate with his client, and concealing the dismissal of the appeal. The court also considered Wagener's prior suspension and unauthorized practice of law during suspension, and assessed $486.95 in costs.

Holdings

1. The allegations of misconduct were proven by clear and convincing evidence, and Wagener's conduct violated Rules 1.1, 1.3, 1.4, and 8.4 of the Oklahoma Rules of Professional Conduct.
2. Public censure was inadequate; Wagener was suspended from the practice of law for six months and assessed the costs of the proceeding.

Questions Presented

1. Whether the stipulated facts established by clear and convincing evidence that Wagener violated Oklahoma Rules of Professional Conduct 1.1, 1.3, 1.4, and 8.4.
2. Whether public censure was an appropriate sanction for Wagener's client neglect, concealment of his failure to perfect the appeal, and related misconduct while under suspension.
3. Whether Wagener's unauthorized practice of law and failure to comply with suspension-notification requirements warranted enhancement of the recommended discipline.

Disposition

other