An attorney’s practice after a suspension for non-compliance with CLE obligations drew a two-year suspension from the Oklahoma Supreme Court

We find by clear and convincing evidence that Respondent violated Rule 5.5, ORPC, by participating in the unauthorized practice of law after his suspension. Not only were the allegations from the Complaint deemed admitted for Respondent’s failure to formally respond, but the pertinent allegations of the Complaint were also supported by the testimony of witnesses Davidson and OBA investigator Lane and the other evidence admitted at the PRT hearing. Specifically, in regards to the Davidson Grievance, Respondent first participated in the unauthorized practice of law when he sent the September 30, 2019 demand letter to Davidson and then again, when he spoke with Davidson on the phone regarding the demand letter and Davidson’s suspicions that Respondent’s professional license had been suspended. Respondent’s admission to OBA investigator Lane that he had three active and open cases pending, approximately five months after his suspension, supports Respondent’s unauthorized practice of law in violation of Rule 5.5, ORPC. In addition to Respondent’s admission to Lane, the evidence presented to the PRT overwhelmingly supports Respondent’s unauthorized practice of law in violation of Rule 5.5, ORPC. Specifically, while knowingly suspended, Respondent filed in three separate cases the following pleadings: (1) a petition; (2) an entry of appearance and reservation of time in which to answer or otherwise plead; and (3) a motion to enter a cause on a non-jury docket and motion for leave to amend a petition.

Sanction

A lawyer’s willful disregard of a suspension order “is a serious matter” that undermines the authority of the judicial system and erodes the public trust in our profession. State ex rel. Okla. Bar Ass’n v. Patterson, 2001 OK 51, ¶ 31, 28 P.3d 551, 560. Respect for judicial rulings is essential to the proper administration of justice, and this Court will not tolerate disobedience of its orders. See Holden, 1996 OK 88, ¶ 7. While Respondent claimed he was remorseful, he failed to fully cooperate with the OBA as it continued its investigation and failed to attend his own disciplinary hearing before the PRT. Moreover, Respondent continued to practice law even after he admitted he was notified of his suspension by Davidson.

Respondent’s actions demonstrate total indifference to his obligations as a member of the Bar and are disrespectful to this Court. The PRT and Complainant’s recommendation to retroactively apply a one-year suspension, which has already expired, does not provide adequate deterrence. We hold that the Respondent’s misconduct warrants suspension for two years, effective from the last date of his unauthorized practice of law on November 27, 2019.

(Mike Frisch)