Wednesday, February 24, 2010

Reinstatement After Resignation

The Oklahoma Supreme Court granted a petition for reinstatement of an attorney who had resigned because she no longer had an active Oklahoma practice. The court considered the following facts:

The record before us establishes the following facts. Petitioner graduated from the University of Oklahoma School of Law in May of 2001. On October 2, 2001, petitioner was admitted to membership in the OBA. Petitioner practiced law in Oklahoma until June 15, 2003, when she moved to Madison, Wisconsin because her husband had graduated from medical school and had accepted a residency position at the University of Wisconsin. On September 30, 2003, petitioner was admitted to the practice of law in Wisconsin after successfully passing its bar examination. On December 13, 2004, petitioner voluntarily resigned from membership in the OBA because she was no longer practicing law in Oklahoma. Her resignation was accepted and her name was administratively stricken from the roll of attorneys in Oklahoma. 

 Petitioner practiced law in Wisconsin from September 30, 2003 until June 24, 2008. On June 24, 2008, petitioner moved to Gainesville, Florida, because her husband had accepted a one-year position there. Because petitioner knew that she would be in Florida only a short time, she did not seek admission to the practice of law there. After her husband took at position in Oklahoma, petitioner moved back to Oklahoma on July 15, 2009.

Petitioner owes no money to the OBA, except for the costs of these proceedings as discussed below. In 2008 and 2009, petitioner had thirty-one hours of continuing legal education credits in Wisconsin and one hour in Oklahoma. She also reviewed the OBA's journals.

Several letters were submitted and several witnesses appeared on petitioner's behalf, all of which praised petitioner. The recommendations addressed her ethics, moral conduct, and competency. Based on the letters and testimony, petitioner has shown that she possesses the moral character and competency to be readmitted to the practice of law in Oklahoma.

The record further shows that the Client Security Fund has not expended any money on behalf of petitioner, see Rule 11.1(b) of the RGDP, and that petitioner has agreed to pay the costs of the investigation and the hearing on her petition for reinstatement. See Rule 11.1(c) of the RGDP. The OBA has requested costs be assessed in the total amount of $661.04.

(Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2010/02/the-oklahoma-supreme-court-granted-a-petition-for-reinstatement-of-an-attorney-who-had-resigned-because-she-no-longer-had-an.html

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