Summary
The Oklahoma Supreme Court approved Robert Samuel Kerr, IV’s resignation from the Oklahoma Bar Association pending disciplinary proceedings. The resignation was deemed effective October 13, 2017, his name was ordered stricken from the Roll of Attorneys, and he was barred from seeking reinstatement for five years, subject to specified obligations concerning costs and Client’s Security Fund payments.
Topics
Practice areas
Questions Presented
- Whether the Supreme Court should approve Kerr's resignation from the Oklahoma Bar Association pending disciplinary proceedings.
- What effective date should be assigned to the resignation.
- What conditions should govern Kerr's removal from the Roll of Attorneys and any future reinstatement.
Holdings
- The Supreme Court approved Kerr's resignation after determining that the affidavit was freely and voluntarily rendered, without coercion or duress, and with full awareness of its consequences.
- Kerr's resignation was deemed effective on October 13, 2017, the date it was filed with the Supreme Court.
- Upon approval, Kerr's name was to be stricken from the Roll of Attorneys, and he could not apply for reinstatement before five years from the effective date of his resignation; reinstatement would require compliance with Rule 11.
- Before reinstatement, Kerr must reimburse the Oklahoma Bar Association, with interest, for any Client's Security Fund amounts expended on his behalf.
Factual background
The Oklahoma Bar Association received a grievance alleging that Kerr conspired to commit wire fraud and conspired to retain lease bonuses paid by SandRidge Energy, Inc., on oil and gas leases with bad title. Kerr submitted a voluntary resignation affidavit stating that he was not coerced or under duress, understood the consequences, waived his right to contest the allegations, and would comply with applicable post-resignation requirements. He also acknowledged potential Client's Security Fund claims and obligations relating to client files, fees, and refunds.
Procedural history
Kerr executed an affidavit of resignation on October 12, 2017, submitted it to the Bar Association, and filed it with the Oklahoma Supreme Court on October 13, 2017. The Bar Association then applied for an order approving the resignation. The Supreme Court approved the application, made the resignation effective as of October 13, 2017, struck Kerr's name from the Roll of Attorneys, and imposed the stated reinstatement and Client's Security Fund conditions.