Summary
The Supreme Court of Oklahoma approved James Lloyd Menzer's resignation from the Oklahoma Bar Association while disciplinary proceedings and investigations were pending. The order struck his name from the Roll of Attorneys, barred reinstatement applications for five years, required compliance with disciplinary rules, and ordered reimbursement of $2,687.71 in costs.
Topics
Practice areas
Questions Presented
- Whether Menzer's resignation pending disciplinary proceedings complied with Rule 8.1 and should be approved.
- What conditions and consequences should accompany approval of the resignation, including removal from the Roll of Attorneys, the five-year restriction on reinstatement applications, compliance with Rule 9.1, and reimbursement of costs.
Holdings
- The resignation pending disciplinary proceedings complied with Rule 8.1 and was approved effective February 9, 2018.
- Upon approval, Menzer's name was ordered stricken from the Roll of Attorneys; he was barred from applying for reinstatement for five years from February 9, 2018; he was required to comply with Rule 9.1; and he was required to reimburse the Oklahoma Bar Association $2,687.71 in investigative costs.
Key quotations
“It is therefore ORDERED that Complainant's application is approved and Respondent's resignation is accepted and approved effective February 9, 2018.” (¶ 2)
“It is further ORDERED that Respondent's name be stricken from the Roll of Attorneys and that he make no application for reinstatement to membership in the Oklahoma Bar Association prior to five years from February 9, 2018.” (¶ 3)
Factual background
The Oklahoma Bar Association was investigating eight grievances alleging that Menzer failed to fulfill arrangements to provide legal services. Menzer voluntarily executed a resignation on February 9, 2018, acknowledged the allegations and their potential professional-conduct violations, and waived the right to contest them. He also agreed to comply with disciplinary rules, satisfy potential Client Security Fund obligations, and reimburse $2,687.71 in costs.
Procedural history
The Oklahoma Bar Association presented the Supreme Court of Oklahoma with Menzer's application and affidavit supporting resignation pending disciplinary proceedings under Rule 8.1. Menzer waived the right to contest the allegations, agreed to comply with applicable disciplinary conditions, reimburse Client Security Fund claims if paid, and reimburse the Bar Association's investigation costs. The Supreme Court approved the application and accepted the resignation effective February 9, 2018.