Jailhouse Lawyer
An immediate suspension ordered by the Oklahoma Supreme Court
the Complainant [Oklahoma Bar Association] states that in Oklahoma County District Court Case no. CF-2016-4381, a jury returned a guilty against Respondent for assault and battery with a deadly weapon for willfully and knowingly shooting a person with a handgun, with formal sentencing set for December 19, 2019. Complainant alleges that despite Respondent’s incarceration pending formal sentencing, Respondent is engaging in the practice of law and operating his law office from the Oklahoma County Detention Facility by participating in telephone conversations with family members, who are not licensed to practice law, regarding the handling of clients’ cases and his law practice. The Complainant alleges that Respondent spoke to family members regarding client payments, deposits of client checks into his operating account without discussion of whether the checks were for fees already earned, and transferring money between Respondent’s numerous bank accounts. Complainant alleges Respondent spoke to a family member about the possibility of his formal sentencing being continued, which would allow him to continue to practice law longer, and that he could practice vicariously through other people.
Complainant alleges that Respondent has a conflict of interest in continuing to represent clients pending his formal sentencing in that Respondent’s personal interest in retaining client fees paid in advance and those to be paid for his personal financial benefit is in direct conflict with his clients’ interests in being competently and diligently represented. Complainant alleges that Respondent’s practice of law while in custody poses an immediate threat of substantial and irreparable public harm. Complainant requests an Order of Emergency Interim Suspension; an Order directing Respondent to deposit all monies, checks, or property into his designated IOLTA client trust account so that an audit may be performed; and an Order directing Respondent to assist Complainant in accessing his CLIO accounts to determine what fees, if any, should be refunded to clients.
Oklahoma News 4 reported
An Oklahoma City attorney has been sentenced to 2.5 years for shooting a man in the parking lot of a popular club in 2016.
In 2016, Oklahoma City officers were called to a reported shooting in the Groovy’s parking lot. When they arrived, they found a victim suffering from a gunshot wound and another man being held at gunpoint by witnesses.
“The person who ultimately was arrested, Jay Silvernail, was in the parking lot. He was actually being held at gunpoint by another person there,” Msgt. Gary Knight, with the Oklahoma City Police Department, said.
Jay Silvernail, who is a local attorney, was booked into the Oklahoma County Jail and was charged with one count of assault and battery with a deadly weapon.
In 2017, the case ended in a hung jury.
From AP News
An Oklahoma City attorney who claimed he acted in self-defense when he shot a man has been convicted of assault and battery with a deadly weapon.
The Oklahoman reports a jury returned the guilty verdict Thursday against 53-year-old Jay Silvernail, who was accused of shooting 31-year-old Ryan Dejesus outside a northwest Oklahoma City nightclub on May 13, 2016. Dejesus had part of his right leg amputated as a result of the shooting.
Silvernail claimed he shot Dejesus in self-defense during an argument over a woman. Prosecutors alleged Silvernail was the aggressor and that his actions weren’t justified. Silvernail’s jury recommended a sentence of 2.5 years in prison as punishment.
Silvernail fatally shot a former client in 2015, but police said then he acted in self-defense when the man attacked him.
The attorney consented to the order. (Mike Frisch)