State ex rel. Oklahoma Bar Association v. Kutner

Summary

The Oklahoma Supreme Court imposed reciprocal discipline on Sanford A. Kutner based on his professional discipline in Louisiana. The court found that Kutner engaged in unauthorized practice of law, neglected a legal matter, failed to communicate with a client, failed to return unearned fees, and did not timely notify the Oklahoma Bar Association of the Louisiana discipline; it suspended him for eighteen months and assessed costs.

Holdings

1. An Oklahoma lawyer must notify the Oklahoma Bar Association's General Counsel within twenty days of a final disciplinary order imposed in another jurisdiction, and failure to do so is itself grounds for discipline.
2. A certified copy of the disciplinary documents and adjudication from another jurisdiction constitutes the charge and prima facie evidence that the lawyer committed the acts described.
3. An Oklahoma-licensed lawyer who practices law in another jurisdiction without authorization is subject to discipline in Oklahoma, and the same conduct may support discipline for unauthorized practice, lack of diligence, failure to communicate, and failure to return unearned fees.
4. An eighteen-month suspension from the practice of law in Oklahoma was warranted and should begin on April 20, 2021, the date the Supreme Court of Louisiana imposed its sanction.

Questions Presented

1. Whether Kutner violated Rule 7.7 of the Rules Governing Disciplinary Proceedings by failing to notify the Oklahoma Bar Association within twenty days of discipline imposed by the Supreme Court of Louisiana.
2. Whether the certified Louisiana disciplinary materials established that Kutner engaged in professional misconduct.
3. Whether Kutner's Louisiana misconduct constituted grounds for discipline in Oklahoma.
4. What sanction was appropriate for the misconduct and failure to report the Louisiana discipline.

Disposition

other