State ex rel. Oklahoma Bar Ass'n v. Cox

257 P.3d 1005 (Okla. 2011) · Supreme Court of Oklahoma · July 6, 2011 · No. SCBD No. 5635

Summary

The Supreme Court of Oklahoma reviewed attorney-discipline proceedings involving Ronald Douglas Cox's neglect of a probate matter and failure to respond adequately to Oklahoma Bar Association inquiries. The Court found violations of Oklahoma Rules of Professional Conduct 1.1, 1.3, 1.4, 3.2, and 8.1(b), as well as Rule 5.2 of the Rules Governing Disciplinary Proceedings. Cox was publicly censured and ordered to pay $1,012.85 in costs.

Holdings

  1. Cox violated Oklahoma Rules of Professional Conduct Rules 1.1, 1.3, 1.4, and 3.2 by failing to complete the Thomasson probate, failing to act with reasonable diligence and promptness, failing to communicate adequately with his client, and failing to expedite the matter.
  2. Cox violated Oklahoma Rule of Professional Conduct Rule 8.1(b) and Rules Governing Disciplinary Proceedings Rule 5.2 by failing to provide adequate and timely responses to Oklahoma Bar Association grievance inquiries and by failing to comply with a properly issued subpoena.
  3. Public censure by written opinion was the appropriate discipline for Cox's misconduct, and Cox was required to pay $1,012.85 in disciplinary costs within thirty days after the opinion became final.

Questions Presented

  1. Whether clear and convincing evidence established that Cox violated the Oklahoma Rules of Professional Conduct by neglecting the Thomasson probate matter.
  2. Whether Cox violated the Oklahoma Rules of Professional Conduct and Rules Governing Disciplinary Proceedings by failing to respond adequately and timely to Oklahoma Bar Association investigations.
  3. What discipline was appropriate in light of the violations and mitigating circumstances.
  4. Whether the costs of the disciplinary proceeding should be assessed against Cox.

Disposition

other

Cases Cited (8)

  • State of Oklahoma ex rel. Okla. Bar Ass'n v. Wilcox, 2009 OK 81, ¶ 2, 227 P.3d 642, 647(followed)
  • State of Oklahoma ex rel. Okla. Bar Ass'n v. Taylor, 2003 OK 56, ¶ 2, 71 P.3d 18, 21(followed)
  • State of Oklahoma ex rel. Okla. Bar Ass'n v. Todd, 1992 OK 81, ¶ 2, 833 P.2d 260, 262(followed)
  • State of Oklahoma ex rel. Okla. Bar Ass'n v. Kinsey, 2009 OK 31, ¶ 13, 212 P.3d 1186, 1192(followed)
  • State of Oklahoma ex rel. Okla. Bar Ass'n v. Kelley, 2002 OK 10, ¶ 5, 48 P.3d 777, 779(followed)
  • State of Oklahoma ex rel. Okla. Bar Ass'n v. Hulett, 2008 OK 38, ¶ 17, 183 P.3d 1014, 1019-1020(followed)
  • State of Oklahoma ex rel. Okla. Bar Ass'n v. Green, 1997 OK 39, ¶ 42, 936 P.2d 947, 957(followed)
  • State of Oklahoma ex rel. Okla. Bar Ass'n v. Brewer, 1999 OK 101, ¶¶ 2-6, 998 P.2d 605, 606-609(followed)

Cited In (0)

No citing cases on record yet.

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