Tuesday, January 11, 2022

Dress Code

The Oklahoma Supreme Court accepted an attorney's resignation in the face of six grievances alleging professional misconduct.

One of the grievances

The Ramos matter involved a custody and visitation case wherein the district court continued a hearing on a motion to enforce because Roller did not dress appropriately in courtroom attire, and the client had to miss a day of work due to Roller's unprofessional conduct. The district court had previously denied Roller access to the courtroom because she dressed inappropriately. Further, Roller's representation contract with Ramos stated that Roller deemed her fees earned upon receipt to assure her availability in the matter, which was not appropriate under the Oklahoma Rules of Professional Conduct (ORPC), 5 O.S. 2011, ch. 1, app. 3-A.

Another

The Cabelka matter involved a conflict of interest in representing a prisoner (a known member of a prison gang) after having previously represented his common-law wife, a named co-defendant, in a criminal matter concerning the murder of a prison guard. Roller previously represented the prisoner in other criminal matters. Roller eventually withdrew from her representation of the wife and filed an entry of appearance on behalf of the prisoner. The wife never agreed for Roller to represent the prisoner, a co-defendant, and Roller never obtained permission from the wife to waive confidentiality or the conflict of interest. The wife agreed to cooperate with authorities and testify against her husband in the matter concerning the prison guard murder. Roller attempted to have the wife change her testimony and showed the wife a letter from the prisoner, which was threatening in nature.

The other grievances, in the main, involved neglect and incompetence allegations.

In addition

In multiple matters, Roller had issues with establishing appropriate, professional boundaries with these clients.

(Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2022/01/the-oklahoma-supreme-court-accepted-an-attorneys-resignation-in-the-face-of-six-citations-alleging-professional-misconduct.html

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