In the Matter of the Reinstatement of Flores

2020 OK 13 · Supreme Court of Oklahoma · March 3, 2020 · No. SCBD-6840

Summary

The Supreme Court of Oklahoma considered Marco Dax Flores's petition for reinstatement to membership in the Oklahoma Bar Association after his membership was suspended and his name was later stricken for nonpayment of dues. Applying a de novo standard of review, the court found that Flores established his moral fitness, professional competence, and lack of unauthorized practice of law by clear and convincing evidence. The court granted reinstatement upon payment of $289.48 in costs and the 2020 Oklahoma Bar Association membership dues.

Holdings

  1. Flores met his burden of proving by clear and convincing evidence that he was eligible for reinstatement to the Oklahoma Bar Association.
  2. Flores was not required to retake the Oklahoma bar examination because his suspension had lasted less than five years.
  3. Flores established by clear and convincing evidence that he did not engage in the unauthorized practice of law in Oklahoma after his suspension.
  4. Reinstatement was conditioned on Flores's payment of $289.48 in proceeding costs and the current year's Oklahoma Bar Association membership dues.

Questions Presented

  1. Whether Flores met the Rule 11 requirements for reinstatement to membership in the Oklahoma Bar Association.
  2. Whether Flores established by clear and convincing evidence that he presently possessed the requisite moral fitness and legal competence for reinstatement.
  3. Whether Flores engaged in the unauthorized practice of law after his Oklahoma suspension or otherwise failed to satisfy the rule-mandated reinstatement requirements.
  4. Whether Flores was required to retake the Oklahoma bar examination because of the duration of his suspension.

Disposition

other

Cases Cited (9)

  • In re Reinstatement of Kerr, 2015 OK 9, ¶6, 345 P.3d 1118(followed)
  • State ex rel. Oklahoma Bar Association v. Hulett, 2008 OK 38, ¶4, 183 P.3d 1014(followed)
  • In re Reinstatement of Christopher, 2014 OK 73, ¶5, 330 P.3d 1221(followed)
  • In re Reinstatement of Pate, 2008 OK 24, ¶3, 184 P.3d 528(followed)
  • In re Reinstatement of Floyd, 1989 OK 83, ¶3, 775 P.2d 815(followed)
  • In re Reinstatement of Farrant, 2004 OK 77, ¶7, 104 P.3d 567(followed)
  • In re Reinstatement of Kerr, 2015 OK 9, ¶19, 345 P.3d 1118(followed)
  • In the Matter of the Suspension of Members of the Oklahoma Bar Association, 2015 OK 46(cited)
  • In the Matter of the Striking of Members of the Oklahoma Bar Association, 2016 OK 76(cited)

Cited In (0)

No citing cases on record yet.

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