The Oklahoma Bar Journal December 2024

E thics & P rofessional R esponsibility

‘Whatcha Gonna Do?’ A Primer on Oklahoma’s Attorney Discipline Process By Martha Rupp Carter

“Bad boys, bad boys, Whatcha gonna do? Whatcha gonna do when they come for you?” 1

proceeding. Neglect is the number one reason for grievances. This knowledge could alert attorneys to avoid neglect of client matters. Only a very small percentage of attorneys who undergo discipline are suspended or disbarred. This article will provide an overview of the disciplinary authority and powers of the OBA over its attorneys, the grievance process related to allegations of attorney misconduct, the require ments to respond to a grievance as well as the range of discipline that can be imposed and services that can be offered to attorneys. mount, as indicated by continua tion of a disciplinary process, even in cases where the person filing the grievance neglects to sign the grievance form or is unwilling to prosecute the charge. 2 Abatement of the disciplinary process is at the sole discretion of the OBA Professional Responsibility Commission PROTECTION OF THE PUBLIC Protecting the public is para

(commission). 3 The process is not concluded by settlement or com promise of the dispute between the grievant and the lawyer or by a law yer’s restitution to a client. Pending criminal or civil litigation or admin istrative proceedings will not defer or abate grievance handling because allegations are substantially similar, absent a good-cause determination. 4 PRIVILEGED AND CONFIDENTIAL, TO AN EXTENT The privacy of attorneys involved in the disciplinary process is pro tected through certain phases of the process. Matters and the oral and written statements about those matters contained in grievances are privileged. Investigations con ducted in the disciplinary process are confidential, with the results of investigations not to be made public unless authorized by the Oklahoma Supreme Court. 5 The files and records in dis ciplinary investigations are kept private and confidential with enu merated exceptions. Exceptions

The scales of justice and the Oklahoma Bar Association’s return address adorn the enve lope in the office mail stack. Seeing this envelope may cause internal alarm bells to ring for some. Maybe this communica tion was not expected. Maybe it was anticipated with dread. And maybe neither alarm nor dread is warranted. Opportunities may open for help and improvement, or the attorney could be vindi cated from an ill-founded com plaint. Although it may not feel so, the purpose of Oklahoma’s attorney discipline process is not to punish lawyers. Its primary purpose is to protect the public. This purpose is evident from the OBA website. Information on how to file a grievance against an attorney, a grievance form and general information about the grievance process are readily accessible. Reviewing this infor mation is helpful to all attor neys, whether or not they are directly involved in a disciplinary

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

36 | DECEMBER 2024

THE OKLAHOMA BAR JOURNAL