The Oklahoma Bar Journal December 2024

by correspondence. “Formal” grievances are those that require opening an investigation. An inves tigation may entail obtaining court documents, bank records, witness statements and usually interviews of both the grievant and the attor ney. Some grievances are desig nated as formal upon receipt when the need to open an investigation is apparent. Others that initially indicate as informal can become formal, including when an attorney fails to timely respond. The commission administered private reprimands to 21 lawyers involving 25 grievances and issued letters of admonition to 22 lawyers involving 23 grievances. The com mission voted to file formal disci plinary charges against 15 lawyers involving 40 grievances and over saw the investigation of 16 Rule 7 formal disciplinary charges filed with the chief justice. The commis sion dismissed 13 grievances, four due to not concluding the process due to death, disbarment, resig nation and a lengthy suspension and the remainder due to the lack of clear and convincing evidence. The commission referred 21 law yers involving 29 grievances to the Discipline Diversion Program. The alleged misconduct in 2023 for the 215 formal grievances entailed 44% for neglect, 13% for personal behavior, 13% for fraud, 8% for trust account overdraft, 7% for conflict and other categories with far lower percentages. The practice areas comprising the 215 formal grievances entailed 23% in family law, 21% in criminal law, 13% in litigation, 10% in estate/ probate law and other categories with far lower percentages. The largest number of grievances, at 39%, were against lawyers who have been in practice for 26 years

Rule 7 proceedings relate to the discipline of lawyers who have been criminally convicted of crimes that demonstrate unfitness to practice law in any jurisdiction. A conviction resulting from a plea of guilty or nolo contendere or from a verdict after trial is subject to discipline regardless of a pending appeal. 78

RESIGNATION Lawyers can avoid disciplinary proceedings if they resign, pend ing disciplinary proceedings. However, doing so precludes seek ing reinstatement for five years from the effective date of resignation. 86 mission for Jan. 1, 2023, to Dec. 31, 2023, is available on the OBA web site and is titled “Annual Report of the Professional Responsibility Commission as Compiled by the Office of the General Counsel of the Oklahoma Bar Association,” filed with the Oklahoma Supreme Court on Feb. 2, 2024, SCBD #7624. Of the 18,734 lawyers who were OBA members at the close of the reporting period, 1,124 grievances (215 formal grievances and 909 informal grievances) were received against 872 lawyers. Less than 5% of OBA membership received grievances. “Informal” griev ances can usually be handled OBA DISCIPLINE IN 2023 The annual report of the com

evidence tending to mitigate the severity of discipline. The lawyer may submit a certified copy of any transcripts of the evidence taken during disciplinary pro ceedings in the other jurisdiction to support a claim that the finding of the other jurisdiction was not supported by evidence or does not furnish sufficient grounds for dis cipline in Oklahoma. The GC may respond by submission of a brief and/or any evidence supporting a recommendation of discipline. The Oklahoma Supreme Court may refer the matter for additional evidentiary hearings before the tribunal if deemed necessary. 84 WILLFUL NONPAYMENT OF CHILD SUPPORT An attorney’s willful noncom pliance with orders of support, as determined by a judicial finding, is also a basis of discipline as described in the RGDP. 85

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.

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THE OKLAHOMA BAR JOURNAL