State of Oklahoma ex rel. Oklahoma Bar Association v. Janet Bickel Phillips

Summary

The Supreme Court of Oklahoma approved Janet Bickel Phillips's resignation from the Oklahoma Bar Association while disciplinary proceedings were pending. The court ordered that her name be stricken from the roll of attorneys, barred her from seeking reinstatement for five years, and imposed client-notification and Client Security Fund repayment conditions. The resignation was treated as tantamount to disbarment.

Holdings

1. Phillips's resignation pending disciplinary proceedings complied with all requirements of Rule 8.1 of the Rules Governing Disciplinary Proceedings and was approved.
2. A resignation pending disciplinary proceedings is tantamount to disbarment; therefore, Phillips's name was stricken from the roll of attorneys and she could not apply for reinstatement for five years from the effective date of the order.
3. Phillips was required to notify clients with pending legal business of her inability to represent them within twenty days by certified mail, and repayment to the Client Security Fund for amounts expended because of her malfeasance or nonfeasance was made a condition of reinstatement.

Questions Presented

1. Whether Phillips's resignation from the Oklahoma Bar Association pending disciplinary proceedings complied with Rule 8.1 of the Rules Governing Disciplinary Proceedings.
2. What consequences and reinstatement conditions followed from approval of the resignation.

Disposition

approved