Summary
The Supreme Court of Oklahoma approved M. Benjamin Singletary’s resignation from the Oklahoma Bar Association while disciplinary proceedings were pending. The order struck his name from the roll of attorneys, characterized the resignation as tantamount to disbarment, imposed a five-year bar on seeking reinstatement, and required compliance with specified disciplinary and client-security obligations.
Topics
Practice areas
Questions Presented
- Whether Singletary's resignation from the Oklahoma Bar Association pending disciplinary proceedings complied with Rule 8.1 of the Rules Governing Disciplinary Proceedings and should be approved.
- What consequences and conditions attach to approval of a resignation pending disciplinary proceedings.
Holdings
- The resignation pending disciplinary proceedings complied with Rule 8.1 of the Rules Governing Disciplinary Proceedings and was approved.
- A resignation pending disciplinary proceedings is tantamount to disbarment; the attorney's name is stricken from the roll, no reinstatement application may be made for five years, and reinstatement is conditioned on compliance with applicable disciplinary rules and repayment to the Client Security Fund for qualifying expenditures.
Key quotations
“because resignation pending disciplinary proceedings is tantamount to disbarment, he may make no application for reinstatement to membership in the Oklahoma Bar Association prior to the lapse of five (5) years from the date of this Order.” (236 P.3d at 116)
Factual background
M. Benjamin Singletary was admitted to the Oklahoma Bar Association in 1977. While disciplinary proceedings were pending, he submitted an affidavit voluntarily resigning his membership and relinquishing his right to practice law, acknowledging allegations that he submitted false or improper expense claims and caused reimbursements to be charged to clients. He acknowledged that the allegations, if proven, would violate the Oklahoma Rules of Professional Conduct and his attorney's oath, waived any right to contest them, and agreed to reimburse the law firm and comply with obligations relating to clients and the Client Security Fund.
Procedural history
The Oklahoma Bar Association had a formal disciplinary complaint and grievance pending against Singletary. Singletary submitted a voluntary affidavit of resignation, acknowledged the allegations and their potential rule violations, waived the right to contest them, and agreed to comply with post-resignation obligations. The Supreme Court approved the application and resignation, struck his name from the roll of attorneys, and imposed conditions concerning reinstatement, client-security-fund repayment, and compliance with Rule 9.1.