Summary
The Oklahoma Supreme Court imposed a one-year suspension on an attorney based on professional misconduct that led to discipline in federal court, including neglect, witness intimidation, document alteration, and dishonesty. The court considered the attorney's ADHD diagnosis as a mitigating factor but concluded that it did not relieve him of responsibility for acting honestly and with integrity. The court also awarded $2,662.78 in costs and required compliance with procedures governing suspended attorneys.
Topics
Practice areas
Questions Presented
- Whether respondent's federal discipline and the underlying misconduct warranted discipline under Oklahoma's reciprocal-discipline procedures.
- Whether respondent's ADHD constituted a mitigating circumstance sufficient to reduce the otherwise appropriate discipline.
- What sanction should be imposed for respondent's misconduct.
- Whether respondent should be ordered to pay the costs of the proceeding and comply with Rule 9.1 RGDP.
Holdings
- Under Rule 7.7 RGDP, the certified adjudication from another jurisdiction constitutes prima facie evidence that the lawyer committed the underlying acts of misconduct, and the Oklahoma Supreme Court may consider both the reported discipline and the conduct that precipitated it.
- Respondent's ADHD could be considered as a mitigating factor regarding the rule requiring reasonable efforts to expedite litigation, but it did not excuse or sufficiently mitigate violations involving honesty and integrity.
- A one-year suspension from the practice of law was warranted for respondent's violations of the Oklahoma Rules of Professional Conduct and RGDP, notwithstanding the ADHD mitigation.
Key quotations
“While it is possible that Respondent may suffer from an illness which makes it more difficult for him to manage himself, his affairs or the affairs of others, it does not remove from him the responsibility of acting with honesty and integrity.” (492)
“RESPONDENT IS HEREBY SUSPENDED FROM THE PRACTICE OF LAW FOR ONE YEAR AND ORDERED TO PAY COSTS” (493)
Factual background
Bednar voluntarily resigned from the United States District Court for the Western District of Oklahoma while disciplinary proceedings were pending and was later suspended by the Tenth Circuit for at least one year. The underlying federal misconduct included repeated neglect and missed deadlines, witness intimidation, obstruction of access to evidence, filing misleading documents, and altering a pretrial report by placing opposing counsel's electronic signature on it without consent. Bednar admitted substantially all of the acts and asserted that ADHD and impulsivity mitigated his conduct.
Procedural history
The Oklahoma Bar Association notified the Oklahoma Supreme Court of respondent's federal discipline and alleged failure to report it as required by Rule 7.7(a) of the RGDP. After respondent sought leniency and asserted attention deficit/hyperactivity disorder as mitigation, the court ordered a Professional Responsibility Tribunal hearing. The tribunal recommended a minimum one-year suspension, and the Oklahoma Supreme Court imposed that suspension, awarded costs, and ordered compliance with the procedures governing suspended attorneys.