Ten Years A Blog

We started this blog ten years ago today. 

It actually took me a few weeks to figure out advanced technological functions such as linking to documents and cut-and-paste. 

I am using some new teaching materials this semester including the Oklahoma decision linked here that strikes fear in the hearts of tech-adverse oldtimer attorneys like me.

Attorney Oliver was admitted in 1967 and had practiced since then without discipline. He ran afoul of – and was suspended from – a federal bankruptcy court.

The State Bar sought reciprocal discipline

During the hearing before the trial tribunal Mr. Oliver acknowledged his lack of expertise in computer skills and his frustration in trying to meet the federal court’s expectations in filing electronic pleadings. Mr. Oliver is suspended from the bankruptcy court. This, in itself, does not disqualify him from practicing law in the courts of Oklahoma. There is no such argument in the briefs. The trial panel made no such finding…

The record supports by clear and convincing evidence that Mr. Oliver failed to report his suspensions to the general counsel of the Bar Association, and that he did not timely notify his bankruptcy clients of those suspensions. We encourage Mr. Oliver to continue to improve his computer skills, or better, to hire an adept administrative assistant to do his pleadings. Public censure is appropriate.

There was a dissent

I respectfully dissent to the majority’s decision to publicly censure the Respondent, James Edward Oliver. The decision merely to publicly censure the Respondent results from a mischaracterization of his problematic conduct while practicing before the United States Bankruptcy Court for the Western District of Oklahoma (Bankruptcy Court). Respondent’s actions resulted, after several temporary suspensions, in his permanent suspension by the Bankruptcy Court in June of 2015.

The majority determines Respondent’s problem to be one of computer illiteracy and declares Respondent’s inability to adapt to electronic forms and filing to be the reason for the Bankruptcy Court’s progressive disciplinary orders, noting those issues have little bearing on his ability to practice law in the State of Oklahoma generally. A detailed examination of the record in this cause reveals that Respondent’s issues go far beyond technological illiteracy.

The series of disciplinary orders concerning Respondent reveal an attorney not only unable to meet the minimum requirements of modern bankruptcy practice but also one unwilling to make any substantial effort to do so. Respondent effectively ignored the local rules and guidelines, made no effort to correct his work despite being given personalized help by the Bankruptcy Court’s staff on more than one occasion, and insulted court staff when the Bankruptcy Court refused to bend the rules for him.

After giving Respondent multiple chances, the Bankruptcy Court ordered Respondent to submit draft templates of nine frequently filed documents, and specifically stated that “in doing so, [Respondent] may not seek or obtain assistance from this Court’s law clerk, the staff of the Court Clerk’s office or any other person.” In a separate portion of the same order, the Bankruptcy Court required Respondent to file a document certified under oath by a bankruptcy attorney conforming that the attorney would assist Respondent in his practice.

Respondent violated the terms of this order. Either he did so deliberately or because he did not read it carefully. Respondent hired another bankruptcy attorney to review and make corrections to the draft templates he was ordered to complete on his own. He did not disclose to this attorney his disciplinary issues with the Bankruptcy Court or the underlying reason he needed the draft forms. The attorney hired by Respondent only learned all the details when he became concerned and contacted the Bankruptcy Court himself.

Respondent: 1) in both form and substance demonstrated incompetency to practice law before the Bankruptcy Court of the Western District of Oklahoma; 2) failed to make honest attempts to improve despite personalized help from court staff, directing insults instead; 3) violated a direct order of the Bankruptcy Court; 4) displayed a profound lack of candor; 5) failed to notify this Court of his suspensions; and 6) failed to timely notify his clients of his suspensions, resulting in the administrative closure of several of their cases.

To quote the Bankruptcy Court’s own Order of Permanent Suspension: “[Respondent] has blamed his problems on software deficiencies and computer glitches, even when poor reading comprehension, impatience and/or lack of attention to detail were the real culprits.” As part of the disciplinary process, it is our duty to inquire into and gauge a lawyer’s continued fitness to practice law, with a view to safeguarding the interest of the public, of the courts, and of the legal profession. State ex rel. Okla. Bar Ass’n v. Friesen, 2015 OK 34, ¶18, 350 P.3d 1269; State ex rel. Okla. Bar Ass’n v. Layton, 2014 OK 21, ¶34, 324 P.3d 1244. I am unconvinced Respondent will represent future clients with any more competence than he displayed in his bankruptcy practice, and find his lack of candor and blatant disregard for the Bankruptcy Court’s orders disturbing. I would suspend Respondent for two years and one day.

 We are grateful for the reader response to our efforts. (Mike Frisch)