Off From Texas

The Oklahoma Supreme Court has imposed reciprocal disbarment based on a Texas sanction imposed for criminal tax violations that did not lead to conviction.

The procedural posture in Texas

In late 2014, the Texas Bar began disciplinary discussions with O’Laughlin. From the record, notice of the third complaint was received by O’Laughlin after disciplinary discussions had begun. On March 23, 2015, O’Laughlin signed the Motion to Resign, requesting that the Supreme Court of Texas accept his resignation from the practice of law: “Applicant is voluntarily resigning and withdrawing from the practice of law and does so in lieu of discipline.”

His response when Oklahoma commenced reciprocal discipline proceedings

 O’Laughlin chooses not to acknowledge any misconduct, and he shows no remorse for the wrongs done to his clients. Instead, O’Laughlin argues that his misconduct did not involve the practice of law; and therefore, this Court cannot impose discipline.

The court had a different view

 O’Laughlin’s arguments about the Texas Bar and Supreme Court of Texas during his disciplinary proceeding are concerning. O’Laughlin claims that the Texas disciplinary proceeding is still ongoing. He supports his assertion by citing the Withdrawal of Motion filed on May 22, 2015. That date is almost one month after the Supreme Court of Texas entered a final order accepting O’Laughlin’s resignation in lieu of discipline, April 28, 2015. According to Texas rules, an attorney has ten days to withdraw a motion for resignation in lieu of discipline after the attorney has been served the Texas Bar’s response. TRDP 10.02, Texas Govt. Code T.2, subt. G, app. A-1. The Texas Bar filed its response on March 31st, and O’Laughlin was served on the same date. Almost two months later, O’Laughlin took action, well past the allotted time to withdraw his motion. According to TRDP Rule 10.02, “[i]f a motion to withdraw is not timely filed, the detailed statement of Professional Misconduct shall be deemed to have been conclusively established for all purposes.” Id. O’Laughlin failed to withdraw his resignation within the ten allotted days, and he fails to explain or provide any relevant rule that allows him to circumvent TRDP Rule 10.02. We find no merit in O’Laughlin’s continuing objection via his Withdrawal of Motion due to TRDP Rule 10.02 and the Supreme Court of Texas taking no action on the Withdrawal of Motion for over a year and a half and counting. O’Laughlin acknowledged the Texas rules he resigned under when he submitted his request to resign. We hold him accountable for his knowledge of those rules and his neglect.

Even if O’Laughlin’s attempt to withdraw his request to resign from the Texas Bar were a valid procedural vehicle, O’Laughlin did not provide any evidence that he actually filed it with the Supreme Court of Texas. A file-stamped Withdrawal of Motion is absent from the record. When directed by this Court to submit a file-stamped copy of the Withdrawal of Motion or explain his failure to do so, O’Laughlin failed to provide any evidence or argument.

We view these actions by O’Laughlin as a method to flaunt the legal system and avoid discipline. In his January 25th response, O’Laughlin claims that the Texas Bar’s attorney never represented to him that there were findings that would be conclusively established when he resigned in lieu of discipline. Texas’ disciplinary rules contradict his claim. He argues now that this proceeding was obtained by fraud. Again, we find no merit to O’Laughlin’s argument. For purposes of Rule 7.7 of the RGDP, O’Laughlin’s resignation in lieu of discipline is valid, and the Supreme Court of Texas’ order accepting his resignation is final.

O’Laughlin does not challenge the evidence or underlying facts in this Court, despite being allowed an opportunity to explain the circumstances or present mitigating evidence. If true as O’Laughlin admitted, the facts of the three grievances filed by O’Laughlin’s clients alone are sufficient to warrant discipline. Having failed to challenge the factual allegations, this Court upholds the conclusive establishment of the misconduct underlying O’Laughlin’s resignation in lieu of discipline in Texas. Discipline in Oklahoma is warranted.

In an unrelated action, the court denied a first attempt at reinstatement of an attorney had had resigned pending discipline in 2000. (Mike Frisch)