Summary
The Oklahoma Supreme Court approved Sam George Caporal’s resignation from the Oklahoma Bar Association while disciplinary proceedings were pending. The order treated the resignation as tantamount to disbarment, required client notification and reimbursement of specified costs and Client Security Fund payments, and barred reinstatement applications for five years.
Topics
Practice areas
Questions Presented
- Whether Caporal's resignation pending disciplinary proceedings satisfied Rule 8.1 of the Rules Governing Disciplinary Proceedings.
- What consequences follow from approving an attorney's resignation pending disciplinary proceedings.
Holdings
- Caporal's resignation pending disciplinary proceedings complied with Rule 8.1 because it was freely and voluntarily rendered, was not the product of coercion or duress, and was submitted with knowledge of the consequences.
- Because resignation pending discipline is tantamount to disbarment, Caporal's name must be stricken from the roll of attorneys, he may not seek reinstatement for five years, and he must satisfy the applicable reinstatement, client-notification, Client Security Fund, and costs requirements.
Key quotations
“Because resignation pending discipline is tantamount to disbarment, Caporal may not make an application for reinstatement prior to the expiration of five years from the date this order becomes final.” (¶6)
Factual background
The Oklahoma Bar Association alleged that Caporal, while serving as a court-appointed guardian, failed to maintain accurate records and file required accountings, failed to produce medical and financial records, and was held in contempt for failing to comply with an accounting order. The Bar also alleged that he misrepresented the ward's assets and his fees, paid himself fees without court approval, exceeded the statutory fee limit, and attempted to conceal the excess. After the disciplinary hearing and before the tribunal issued its report, Caporal voluntarily resigned and waived his right to contest the allegations.
Procedural history
The Oklahoma Bar Association filed its disciplinary complaint on February 6, 2014. A Professional Responsibility Tribunal hearing occurred on September 25, 2014. On October 20, 2014, Caporal submitted an affidavit of resignation pending disciplinary proceedings, and the Bar filed an application seeking approval; the Supreme Court approved the resignation and imposed the consequences required by the disciplinary rules.