Summary
The Supreme Court of Oklahoma approved Stephen J. Merrill's resignation from the Oklahoma Bar Association while disciplinary proceedings were pending. The order struck his name from the roll of attorneys, treated the resignation as tantamount to disbarment, barred reinstatement applications for five years, and imposed client-notification and Client Security Fund repayment conditions.
Topics
Practice areas
Questions Presented
- Whether Merrill's resignation pending disciplinary proceedings satisfied the requirements of Rule 8.1 of the Rules Governing Disciplinary Proceedings.
- Whether the Supreme Court should approve the resignation and strike Merrill's name from the roll of attorneys.
- What conditions should govern Merrill's potential reinstatement and responsibilities to clients and the Client Security Fund.
Holdings
- Merrill's resignation pending disciplinary proceedings complied with all requirements of Rule 8.1 and was approved.
- Approval of Merrill's resignation required that his name be stricken from the roll of attorneys, and the resignation was treated as tantamount to disbarment.
- Merrill was required to notify all clients with pending legal business within twenty days by certified mail, and repayment to the Client Security Fund for qualifying payments was made a condition of reinstatement.
Key quotations
“Because resignation pending disciplinary proceedings is tantamount to disbarment, the respondent may not make application for reinstatement prior to the expiration of five (5) years from the date of this order.” (¶3)
“IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the resignation of Stephen J. Merrill pending disciplinary proceedings be approved with no costs imposed.” (¶2)
Factual background
Stephen J. Merrill submitted a written affidavit resigning from the Oklahoma Bar Association after disciplinary proceedings and investigation had commenced. The underlying grievance alleged that he falsely notarized a purported last will and testament after the client's death and that the will identified the client's deceased girlfriend as sole beneficiary rather than the client's alleged children and surviving heirs. Merrill stated that his resignation was voluntary, that he understood its consequences, waived the right to contest the allegations, and agreed to comply with applicable client-notification and Client Security Fund obligations.
Procedural history
After a formal grievance and disciplinary investigation commenced, and following the commencement of a hearing before the Professional Responsibility Tribunal, Merrill submitted an affidavit resigning from membership in the Oklahoma Bar Association pending disciplinary proceedings. The Oklahoma Bar Association applied to the Supreme Court of Oklahoma for approval under Rule 8.1 of the Rules Governing Disciplinary Proceedings. The Supreme Court approved the resignation, struck Merrill's name from the roll of attorneys, and imposed the conditions stated in the order.