State ex rel. Oklahoma Bar Association v. Nichols

Summary

The Oklahoma Supreme Court disciplined Brandon S. Nichols for failing to notify clients and withdraw from pending matters after his suspension, engaging in the unauthorized practice of law, and failing to cooperate with the Oklahoma Bar Association's investigation. The Court suspended Nichols for two years effective November 27, 2019, and ordered him to pay $397.05 in costs.

Holdings

1. Clear and convincing evidence established that Nichols violated Rule 5.5 of the Oklahoma Rules of Professional Conduct by engaging in the unauthorized practice of law after his license was suspended.
2. Nichols violated Rule 9.1 of the Rules Governing Disciplinary Proceedings and Rule 1.16(a) of the Oklahoma Rules of Professional Conduct by failing to timely notify clients of his suspension and failing to withdraw from all pending cases.
3. Nichols violated Rules 1.16(a), 5.5, and 8.4(a) of the Oklahoma Rules of Professional Conduct and Rules 1.3 and 9.1 of the Rules Governing Disciplinary Proceedings.
4. Nichols's misconduct warranted a two-year suspension effective from the last date of his unauthorized practice of law, November 27, 2019, rather than the one-year suspension recommended by the Professional Responsibility Tribunal.
5. Nichols was required to pay $397.05 in disciplinary proceeding costs within ninety days after the opinion became final.

Questions Presented

1. Whether clear and convincing evidence established that Nichols engaged in the unauthorized practice of law while suspended.
2. Whether Nichols violated the duties to notify clients of his suspension and withdraw from pending representations.
3. What discipline was appropriate in light of the proven violations, prior discipline, lack of cooperation, and the purposes of attorney discipline.
4. Whether the costs of the disciplinary proceeding should be assessed against Nichols.

Disposition

other