Wednesday, June 17, 2009

Time Served

The Oklahoma Supreme Court determined that an attorney's conviction for failure to file tax returns warranted professional discipline. The court held that the time since the attorney's interim suspension for the comviction was the appropriate measure of discipline and, in effect, reinstasted the lawyer:

On its complete de novo consideration of the entire record, the court holds that [the attorney's] conviction demonstrates his unfitness to practice law...and warrants the imposition of discipline. Based upon the precedent adopted by this court in Livshee, the pendente lite suspension under which [he] stands has extended for a period long enough to constitute an adequate disciplinary measure for the misconduct of which he was convicted. That suspension, which began when this court issued its Order of Immediate Suspension on February 7, 2008, will be at an end when this pronouncement becomes effective and final. Our opinion herein shall be effective in the sense of allowing respondent's resumption of law practice when the costs of this proceeding in the sum of $1,000.98 have been paid and its remittance documented by the Bar's filing herein of its receipt.

Respondent is ordered disciplined by a suspension from the practice of law which will extend from the effective date of this court's post-conviction order of immediate pendente lite suspension to the effective date of this pronouncement and by imposition of costs.

(Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2009/06/the-oklahoma-supreme-court-determined-that-an-attorneys-conviction-for-failure-to-file-tax-returns-warranted-professional-dis.html

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