Summary
The Oklahoma Supreme Court approved Charles Hugh Holdstock's resignation from the Oklahoma Bar Association while disciplinary proceedings were pending. The order struck his name from the roll of attorneys, prohibited an application for reinstatement for five years, and imposed client-notification and Client Security Fund repayment conditions.
Topics
Practice areas
Questions Presented
- Whether Holdstock's resignation from the Oklahoma Bar Association pending disciplinary proceedings satisfied the requirements of Rule 8.1 of the Rules Governing Disciplinary Proceedings.
- What consequences attach to an approved resignation pending disciplinary proceedings, including the waiting period for reinstatement, client notification, and repayment of Client Security Fund claims.
Holdings
- The court approved Holdstock's resignation pending disciplinary proceedings because it was voluntary, knowing, and compliant with the requirements of Rule 8.1 of the Rules Governing Disciplinary Proceedings.
- An approved resignation pending disciplinary proceedings is tantamount to disbarment, and the attorney may not apply for reinstatement until five years after the effective date of the order.
- Holdstock was required to notify clients with pending legal business of his inability to represent them within twenty days by certified mail, and repayment of amounts paid by the Client Security Fund was a condition of reinstatement.
Key quotations
“Because resignation pending disciplinary proceedings is tantamount to disbarment, Holdstock may not make application for reinstatement prior to the expiration of five years from the effective date of this order.” (¶ 2)
“Pursuant to Rule 9.1, Holdstock shall notify all of his clients having legal business pending with him of his inability to represent them and of the necessity for promptly retaining new counsel.” (¶ 2)
Factual background
Holdstock submitted an affidavit of resignation from the Oklahoma Bar Association pending disciplinary proceedings. The affidavit stated that the resignation was voluntary, free from coercion or duress, and made with full awareness of its consequences. The disciplinary allegations involved criminal charges filed in the District Court of Oklahoma, including rape, forcible sodomy, and lewd molestation of a child. Holdstock waived the right to contest the allegations and acknowledged potential obligations concerning the Client Security Fund and future reinstatement.
Procedural history
Holdstock submitted an affidavit resigning from the Oklahoma Bar Association while disciplinary investigations were pending. The Supreme Court of Oklahoma found that the resignation was voluntary, knowing, and compliant with Rule 8.1 of the Rules Governing Disciplinary Proceedings, and approved the resignation.