State ex rel. Okla. Bar Ass'n v. Lewis

257 P.3d 998 (Okla. 2011); 2011 OK 63 · Supreme Court of Oklahoma · June 28, 2011 · No. SCBD-5763

Summary

The Supreme Court of Oklahoma approved Donald Reagan Lewis's resignation from the Oklahoma Bar Association while disciplinary proceedings were pending. The court ordered that his name be stricken from the roll of attorneys, treated the resignation as tantamount to disbarment, waived costs, and barred reinstatement applications for five years.

Court
Supreme Court of Oklahoma
Writing for the Court
Taylor, C.J.; Colbert, V.C.J.; Kauger, J.; Watt, J.; Winchester, J.; Edmondson, J.; Reif, J.; Gurich, J.; Combs, J.
Jurisdiction
Oklahoma
Decision date
June 28, 2011
Docket number
SCBD-5763
Procedural posture
The Oklahoma Bar Association sought approval of Donald Reagan Lewis's resignation from the Oklahoma Bar Association pending disciplinary proceedings. The Supreme Court considered whether the resignation complied with the governing disciplinary rules and whether it should be approved.
Precedential value
published precedential opinion
Parties
State of Oklahoma ex rel. Oklahoma Bar Association v. Donald Reagan Lewis
Disposition
approved

Topics

appellate procedureremedies

Practice areas

legal ethics and attorney disciplineprofessional responsibilityappellate procedure

Questions Presented

  1. Whether Lewis's resignation pending disciplinary proceedings complied with Rule 8.1 of the Oklahoma Rules Governing Disciplinary Proceedings.
  2. Whether the Supreme Court should approve the resignation and impose the consequences associated with resignation pending disciplinary proceedings.

Holdings

  1. Lewis's resignation complied with all requirements of Rule 8.1 of the Oklahoma Rules Governing Disciplinary Proceedings and should be approved.
  2. Upon approval, Lewis's name was to be stricken from the roll of attorneys; because resignation pending disciplinary proceedings is tantamount to disbarment, he could not seek reinstatement for five years and was required to notify clients and reimburse the Client Security Fund as a condition of reinstatement.

Key quotations

Because resignation pending disciplinary proceedings is tantamount to disbarment, the respondent may not make application for reinstatement prior to the expiration of five (5) years from the date of this order. (1000)

Factual background

Lewis submitted a voluntary affidavit of resignation from the Oklahoma Bar Association while disciplinary matters were pending. He acknowledged allegations involving conflicts of interest, trust-account overdrafts, failure to perform legal work or communicate with clients, and forgery of a judge's signature on a garnishment-related document. He waived any right to contest the allegations, agreed to comply with applicable disciplinary rules, and accepted responsibility for reimbursing the Client Security Fund for qualifying disbursements.

Procedural history

Lewis submitted a written affidavit resigning from the Oklahoma Bar Association pending investigation and disciplinary proceedings. He acknowledged six categories of alleged professional misconduct, waived the right to contest the allegations, agreed to comply with post-resignation obligations, and agreed to reimburse the Client Security Fund for qualifying payments. The Supreme Court approved the resignation, waived costs, struck Lewis's name from the roll of attorneys, and imposed conditions governing any future reinstatement.

Court Document

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