State ex rel. Oklahoma Bar Association v. Auer

Summary

The Oklahoma Supreme Court considered reciprocal attorney discipline after David Bruce Auer was disbarred in Colorado for the unauthorized practice of law and related misconduct. The court independently found that Auer willfully engaged in the unauthorized practice of law in Colorado and Wyoming and ordered his disbarment from practicing law in Oklahoma, along with costs and compliance with specified disciplinary rules.

Holdings

1. In a Rule 7.7 reciprocal-discipline proceeding, the facts underlying the other jurisdiction's discipline may not be relitigated; any challenge to those findings is limited to the certified record from the other jurisdiction, while mitigation and the severity of the Oklahoma sanction remain subject to permissible inquiry.
2. The Oklahoma Bar Association must prove lawyer misconduct by clear and convincing evidence, and the Supreme Court independently determines whether misconduct occurred and what discipline should be imposed.
3. Auer willfully engaged in the unauthorized practice of law in Colorado and Wyoming by holding himself out as an attorney, preparing legal documents, and providing legal advice without being licensed in those jurisdictions, violating ORPC Rule 5.5.
4. Disbarment was the appropriate discipline for Auer's willful, repeated, and harmful unauthorized practice of law and dishonest conduct.

Questions Presented

1. Whether Colorado's disbarment and supporting record furnished sufficient grounds for reciprocal discipline in Oklahoma.
2. Whether Auer engaged in the unauthorized practice of law in Colorado and Wyoming in violation of Oklahoma Rule of Professional Conduct 5.5.
3. What discipline was appropriate for Auer's misconduct.
4. Whether the Supreme Court should defer to the Professional Responsibility Tribunal's recommended six-month suspension rather than impose disbarment.

Disposition

other