Summary
The Oklahoma Supreme Court approved Dane Thomas Wilson’s voluntary resignation from the Oklahoma Bar Association while disciplinary investigations were pending. The order treated the resignation as tantamount to disbarment, required compliance with attorney-notification and Client Security Fund repayment obligations, and barred reinstatement applications for five years.
Topics
Practice areas
Questions Presented
- Whether the Supreme Court of Oklahoma should approve Respondent's voluntary resignation from the Oklahoma Bar Association pending disciplinary proceedings.
- What conditions and consequences attach to approval of a resignation pending disciplinary proceedings.
Holdings
- The court approved Dane Thomas Wilson's voluntary resignation from the Oklahoma Bar Association, effective upon filing of the order with the clerk of the Supreme Court.
- A resignation pending disciplinary proceedings is tantamount to disbarment; the attorney's name must be stricken from the roll, reinstatement may not be sought for five years, and compliance with client-notification requirements and repayment of qualifying Client Security Fund expenditures are conditions precedent to any future 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 years from the date of this order.” (271 P.3d at 63)
Factual background
Dane Thomas Wilson submitted a voluntary resignation from the Oklahoma Bar Association while investigations were pending concerning alleged misappropriation of trust-account and settlement funds and failures to pay certain client-related medical expenses. His affidavit stated that the resignation was voluntary and not coerced, acknowledged the consequences, waived any right to contest the allegations, and recognized obligations concerning client notification, possible Client Security Fund claims, and future reinstatement.
Procedural history
The Oklahoma Bar Association presented the Supreme Court of Oklahoma with Respondent's application and affidavit on January 30, 2012. Respondent acknowledged pending grievance investigations, waived the right to contest the allegations, agreed to comply with the applicable disciplinary rules, and requested approval of his resignation. The Supreme Court approved the resignation by order.