In re the Reinstatement of Thompson

1993 OK 152, 864 P.2d 823, 64 O.B.A.J. 3526, 1993 Okla. LEXIS 180, 1993 WL 492385
CourtSupreme Court of Oklahoma
DecidedNovember 23, 1993
DocketSCBD No. 3868
StatusPublished
Cited by14 cases

This text of 1993 OK 152 (In re the Reinstatement of Thompson) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re the Reinstatement of Thompson, 1993 OK 152, 864 P.2d 823, 64 O.B.A.J. 3526, 1993 Okla. LEXIS 180, 1993 WL 492385 (Okla. 1993).

Opinion

SUMMERS, Justice.

William R. Thompson asks that he be reinstated to the active practice of law in accordance with 5 O.S.1991 Ch. 1, App. 1-A, Rule 11. Petitioner Thompson resigned pending disciplinary proceedings in 1983. A hearing was held by the Oklahoma Bar Association on the reinstatement application. The Professional Responsibility Tribunal recommends that reinstatement be denied. Petitioner has filed a brief in opposition to the recommendation of denial. The matter is before us for de novo review.

Thompson was admitted to practice in 1975. He practiced law until late 1983, when he resigned pending disciplinary proceedings. This Court approved the resignation, and his name was stricken from the roll of attorneys in 1984. He has not practiced law since his resignation. This is the first time he has filed for reinstatement.

The grievances that led up to his resignation are numerous. Thirty-six grievances were filed by many different clients involving neglect of client matters, fraud, and misrepresentation. One count required reimbursement of the client from the Oklahoma Bar Association Client Security Fund. Petitioner has since repaid the Fund.

Six of petitioner’s former clients testified at the hearing before the Professional Responsibility Tribunal. All stated that he had neglected their cases and had failed to return their files. Most had paid petitioner a retainer fee for which they had not been reimbursed. Several testified that their cases had been prejudiced because of the untimely handling or because of the failure to return crucial documents needed to pursue the case. Several attempted to obtain the services of another attorney, only to [825]*825find out that because of the missing documents, no case could be filed.

During the time when these cases were being neglected petitioner was having a severe problem with alcohol. He testified that he entered a treatment center shortly before his resignation. He also testified that he no longer drinks, and has been dry since leaving the treatment center.

After resigning petitioner sent his cases, along with the files, to two other attorneys. These attorneys were to contact the clients and return the files. The attorneys filed affidavits stating that attempts were made to contact all clients and return the files. However, some clients were never reached because their addresses had changed. Petitioner did not keep in touch with the attorneys to follow the progress, nor did he make any attempt to find those clients.

The evidence indicates that petitioner did not attempt to reach any of the clients until he was preparing to file this petition for reinstatement. His first contact was made by letter in 1990, more than six years after his resignation. Many of the clients’ addresses were not current, and the letters were returned. Petitioner testified that he then attempted to locate the clients through the telephone book. He located a few, wrote them a letter and explained that his prior conduct was due to alcoholism. He apologized for his conduct and told them he was attempting to be reinstated. He introduced three letters from his former clients which stated that amends had been made.

During the time between his resignation and his application for reinstatement, petitioner had worked at various jobs. He was a construction manager, a partner in a construction business, and a commercial realtor. The construction business in which he was a partner failed, and he has currently about $75,000 in personal judgments against him.

Thompson called as witnesses several people which he had known and done business with in the past. These individuals testified that he no longer drank, and that he had been ethical and professional in his business dealings with them. However, when asked most of them did not know that he had resigned from the Oklahoma Bar pending disciplinary proceedings. None of them knew about the reasons behind his resignation.

There was, at the time of the hearing, an outstanding bench warrant for Thompson’s failure to pay child support. He stated that he and his ex-wife had resolved the matter, and that he was paying on a regular basis. The ex-wife signed an affidavit to this effect. However, the amount of child support owing is $15,900.

Thompson had applied for admission to the New Mexico and California Bar Associations. He took the California bar examination and did not pass. He was not permitted to take the New Mexico bar examination because of his prior disciplinary problems in this state. On both applications, he disclosed that he had resigned from the Oklahoma Bar Association pursuant to disciplinary proceedings.

Thompson has not taken continuing legal education courses in Oklahoma. He did complete the bar review courses for California and New Mexico. He has not kept current with the Oklahoma Bar Journal. He has, however, taken some other legal education courses, and states that he has done several hours of self study.

Lastly, Thompson testified that he had no specific plans to practice law if reinstated to the bar. He stated that he was not sure what he would do, but that he wanted to be reinstated so he would have the choice of practicing law.

In its findings of fact and conclusions of law, the Professional Responsibility Tribunal recounts the history of the grievances filed against Thompson and the current status of these grievances. The PRT also notes that petitioner has not kept current by taking continuing legal education courses provided by the Oklahoma Bar. The PRT states that one of its central concerns regarding Thompson’s reinstatement is the past tendency to procrastinate, lack of attention to detail and disorganization. The PRT found these tendencies still [826]*826existed and cited as examples Thompson’s failure to contact the clients until he sought admission to the New Mexico Bar.

The PRT concluded that petitioner had not met his burden of showing by clear and convincing evidence that he had kept informed as to current developments in the law sufficient to maintain his competency. The PRT specifically stated that petitioner had not complied with Rule 9.1, which requires notice to the attorney’s client’s regarding his resignation. See 5 O.S.1991, Ch. 1, App. 1-A, Rule 9.1.1 The PRT also found that he had not presented clear and convincing evidence that if re-admitted, his conduct would conform to the high standards required by the Oklahoma Bar Association. The PRT’s recommendation is that reinstatement be denied, but that if it is granted, that petitioner be required to take and pass the Oklahoma bar examination.

Rule 11.5 requires the Professional Responsibility Tribunal to make findings as to (1) whether the good moral character of the petitioner is such that he or she should be re-admitted, (2) whether the petitioner has engaged in any unauthorized practice of law and (3) whether the petitioner possesses the competency and learning in the law required for admission to the Bar. Matter of Reinstatement of Floyd, 775 P.2d 815, 816 (Okla.1989). However, in reinstatement proceedings, “the Supreme Court does not function as a reviewing tribunal but as a licensing court exercising its exclusive original jurisdiction.” Id. citing State ex rel. Oklahoma Bar Ass’n v. Raskin, 642 P.2d 262 (Okla.1982); see also State ex rel. Oklahoma Bar Ass’n v. Miskovsky, 824 P.2d 1090, 1093 (Okla.1991).

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Bluebook (online)
1993 OK 152, 864 P.2d 823, 64 O.B.A.J. 3526, 1993 Okla. LEXIS 180, 1993 WL 492385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-reinstatement-of-thompson-okla-1993.