Summary
The Oklahoma Supreme Court approved Joel Edward Scott III's resignation from the Oklahoma Bar Association while disciplinary proceedings were pending. The Court struck his name from the roll of attorneys, barred reinstatement applications for five years, imposed conditions concerning the Client Security Fund, and ordered payment of $1,660.72 in disciplinary costs.
Topics
Practice areas
Questions Presented
- Whether Scott's resignation pending disciplinary proceedings complied with Rule 8.1 of the Rules Governing Disciplinary Proceedings and should be approved.
- What consequences and conditions should accompany approval of the resignation, including removal from the roll of attorneys, the five-year reinstatement bar, Client Security Fund repayment, compliance with Rule 9.1, and payment of disciplinary costs.
Holdings
- The Court approved Scott's resignation pending disciplinary proceedings because it complied with Rule 8.1, was freely and voluntarily tendered, and was made with knowledge of the pending allegations and consequences.
- A resignation pending disciplinary proceedings is tantamount to disbarment and requires that the respondent's name be stricken from the roll of attorneys.
- As conditions of any future reinstatement, Scott may not apply for reinstatement for five years, must comply with Rule 9.1, must reimburse the Client Security Fund for qualifying payments, and must pay $1,660.72 in disciplinary costs within ninety days of the order's effective date.
Key quotations
“because resignation pending disciplinary proceedings is tantamount to disbarment” (¶4)
Factual background
Scott voluntarily executed a resignation pending disciplinary proceedings and acknowledged that he understood its consequences, was not acting under coercion or duress, and waived the right to contest the allegations. The pending amended complaint alleged seven counts of professional misconduct, and additional grievances involved an overdrawn IOLTA account and alleged assistance with fraudulent liens. Scott also agreed to comply with reinstatement-related requirements, reimburse any Client Security Fund payments, and pay the Oklahoma Bar Association's investigation and prosecution costs.
Procedural history
Joel Edward Scott, III, filed an affidavit requesting permission to resign his Oklahoma Bar Association membership and relinquish his right to practice law while disciplinary proceedings were pending. The Oklahoma Bar Association filed an application approving the resignation and an application to assess costs. The Supreme Court of Oklahoma approved the resignation, struck Scott's name from the roll of attorneys, imposed conditions on any future reinstatement, and assessed $1,660.72 in costs.