Summary
The Oklahoma Supreme Court approved Silas C. Wolf, Jr.'s resignation from the Oklahoma Bar Association while disciplinary proceedings were pending. The order struck his name from the roll of attorneys, barred reinstatement applications for five years, and imposed client-notification, Client Security Fund reimbursement, and investigative-cost obligations.
Topics
Practice areas
Questions Presented
- Whether Wolf'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 and conditions attach to an approved resignation pending disciplinary proceedings.
Holdings
- A resignation pending disciplinary proceedings may be approved when the attorney's affidavit is freely and voluntarily rendered without coercion or duress, the attorney understands the consequences, acknowledges the pending allegations, and waives the right to contest them; Wolf's resignation satisfied those requirements.
- Resignation pending disciplinary proceedings is tantamount to disbarment; the attorney's name is stricken from the roll, and the attorney may not apply for reinstatement for five years from the effective date of the order.
Key quotations
“Because resignation pending disciplinary proceedings is tantamount to disbarment, Wolf may not make application for reinstatement prior to the expiration of five years from the effective date of this order.” (125)
Factual background
Wolf submitted an affidavit resigning from the Oklahoma Bar Association while disciplinary proceedings were pending. He acknowledged the pending formal complaint, the alleged violations, his service and answer, and his waiver of the opportunity to contest the allegations at trial. He also agreed to pay investigation costs, reimburse eligible Client Security Fund claims, and comply with the reinstatement requirements before seeking readmission.
Procedural history
A formal disciplinary complaint had been filed against Wolf, and Wolf had answered the complaint. He submitted an amended affidavit freely and voluntarily resigning from the bar, waived his right to contest the allegations at trial, and agreed to the conditions governing reinstatement. The Supreme Court of Oklahoma approved the resignation and ordered that his name be stricken from the roll of attorneys.