State Ex Rel. Oklahoma Bar Ass'n v. Burnett

2004 OK 31, 91 P.3d 641, 75 O.B.A.J. 1473, 2004 Okla. LEXIS 35, 2004 WL 1049056
CourtSupreme Court of Oklahoma
DecidedMay 11, 2004
DocketSCBD 4715
StatusPublished
Cited by7 cases

This text of 2004 OK 31 (State Ex Rel. Oklahoma Bar Ass'n v. Burnett) 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
State Ex Rel. Oklahoma Bar Ass'n v. Burnett, 2004 OK 31, 91 P.3d 641, 75 O.B.A.J. 1473, 2004 Okla. LEXIS 35, 2004 WL 1049056 (Okla. 2004).

Opinion

HARGRAVE, J.

¶ 1 The Complainant, Oklahoma Bar Association (Bar Association/General Counsel), charged the Respondent, Dochele Burnett, (Burnett) with a violation of Rules 1.1, 1.3, 1.4, 3.2, 5.5 7.1(a)(1) and 7.5(b) of the Rules of Professional Conduct and Rule 7.7(a) of the Rules Governing Disciplinary Proceedings, 5 O.S. ch. 1 app. I-A (2001).

¶ 2 The Professional Responsibility Tribunal (PRT) adopted the submitted stipulations of fact and conclusions of law as part of its findings. A review of the record reveals the stipulated facts and conclusions of law to be accurate. The stipulations reflect that Burnett has been a member of the Oklahoma Bar Association since 1984, and has not been previously disciplined. Costs of $774.89 may properly be imposed. Rules Governing Disciplinary Proceedings, Rule 6.16, 5 O.S. Ch. 1, App. l-A.(Supp.l997)

¶ 3 The conclusion of law to which the panel agreed was that the respondent’s conduct violated Rules 1.1, 1.3, 1.4, 7.1 and 7.5, Rules of Professional Conduct, 5 O.S. Ch. 1, App. 3-1 (2001), as well as rule 7.7(a) of the Rules Governing Disciplinary Proceedings, 5 O.S. ch. 1 app. I-A (2001) which, if proved, is cause for professional discipline as provided in the Rules Governing Disciplinary Proceedings, 5 O.S. Ch. 1, App. 1-A (2001). The tribunal recommended discipline of private reprimand.

FACTS

Count I

¶ 4 Burnett is a 1973 graduate of Howard University. She received her law degree from Oklahoma City University College of Law in 1982 and was admitted to practice in Oklahoma in 1984. Thereafter, Burnett practiced in Oklahoma, as an employee of, and under the supervision of others, until 1987 when she moved to California. She relocated from California to Austin, Texas in 1994 where she worked for attorney Bryant Berry whose practice was limited primarily to bankruptcy, although during the time Burnett worked for Berry he was completing some personal injury cases for another attorney who had retired. Burnett worked for Berry until 1998 when he too retired and sold his practice to Burnett. Burnett is licensed to practice only in Oklahoma and has never been admitted in either California or Texas.

¶5 In . June 1999, after she had acquired Berry’s bankruptcy practice, Burnett filed a Chapter 13 bankruptcy for Leonard and E1--len Westra in the United States Bankruptcy Court for the Western District of Texas (Austin Division). Shortly thereafter, Leonard Westra deserted his family, making Chapter 13 impracticable, so the bankruptcy was voluntarily dismissed. Even though she was delinquent in her loan payments, Ellen Westra wanted to retain her car and her residence, so she hired Burnett to file a second Chapter 13 bankruptcy for her. The voluntary Chapter 13 petition was filed in August 1999 but Westra’s Schedules of Assets and Liabilities, prepared under Burnett’s supervision, were incorrect in several material aspects.

¶ 6 The original Chapter 13 plan filed by Burnett provided that the future car payments were to be made by Westra directly to Mazda American Credit, the secured party, and that only those payments in arrears at the time of the bankruptcy filing would be paid by the trustee under the Plan. Those ear payments were not made, however, because Westra thought that the payments to Mazda American Credit were all being made by the Chapter 13-trustee under the Plan. Due to this deficiency, Mazda American Credit filed a motion to modify automatic stay so that it could repossess the vehicle. Westra accompanied Burnett at the hearing on the motion but Burnett advised Westra that she did not have to remain for the hearing. Burnett thereupon negotiated a settlement with Mazda American Credit on behalf of her client but did so without Westra’s knowledge or consent. Under the terms of the settlement, Burnett agreed to file a modified Chapter 13 Plan that provided for the payment of Mazda *644 American ■ Credit’s secured claim. Burnett ■failed to file an amended Chapter 13 Plan and consequently, Westra’s vehicle was repossessed.

¶ 7 Westra later hired an different lawyer to represent her in the Chapter 13 bankruptcy. Through the new attorney, Westra filed a motion to examine Westra’s prior transactions with Burnett. After a hearing on April 25, 2000, the Bankruptcy Court entered a Memorandum Opinion on May 17, 2000. In that Opinion, the Judge found that Burnett “had little, if any, concern.-either for the accuracy of her work or for the fervent pursuit of the protection of the rights of her client” and that “her actions show incompetence.” The Judge also found that Burnett “appears to have a basic ignorance of bankruptcy law and procedure and an alarmingly nonchalant attitude about the plethora of mistakes she made in this case,” and that Burnett committed “rank malpractice” by not getting Westra’s consent to the settlement she reached with Mazda American Credit. As a result, the court ordered Burnett to repay the $900.00 fee paid to her by Westra and referred the matter to the grievanee/ad-missions committee of the United States District Court for the Western District of Texas.

¶8 On August 21, 2001, the admissions committee issued its final recommendations which were adopted by the Bankruptcy Court in a General Order dated September 24, 2001. Burnett’s continued ability to practice law in the Bankruptcy Court was conditioned upon her compliance with the following requirements: “[Tjaking the MPRE examination given by the State Bar of Texas on August 10, 2001 and becoming licensed to practice law by the State of Texas no later than February 10, 2002, consulting with the Law Office Management Program of the State Bar of Texas no later than November 21, 2001, taking 15 hours of continuing legal education (non self-study) by no later than November 21, 2001 and providing proof thereof within a one-month period thereafter, and other CLE requirements as stated in such recommendation:” On March 21, 2002, the Bankruptcy Court entered an order rescinding Burnett’s privilege to practice law for failure to comply with the conditions established in the August 21, 2001 order by failing to consult with the Law Office Management Program of the State Bar of Texas and by failing to become admitted to practice in the State of Texas by February 10, 2002. The United States District Court for the Western District of Texas likewise entered an order on March 26, 2002, removing Burnett’s name from the list of attorneys authorized to practice in that court.

Count II

¶ 9 While under the employ of Berry, Burnett assisted in the representation of clients in personal injury cases by negotiation settlements. Burnett, purportedly with Berry’s authorization, also signed Berry’s name on a Petition to initiate a personal injury lawsuit in the Court of Travis County, Texas. The signature block on the Petition inappropriately included Burnett’s name even though she was not and is not admitted to practice in Texas. Next to Burnett’s name was her Oklahoma Bar Number. The Grievance Committee for the State Bar of Texas, on June 17, 1997, in a proceeding involving Berry, found that he “assisted a person who is not a member of the State Bar of Texas in the performance of activity that constitutes the unauthorized practice of law.” Until sometime after June 1997, Burnett used Berry’s letterhead which included Burnett’s name but failed to reflect that she is only admitted to practice in Oklahoma.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

STATE ex rel. OKLAHOMA BAR ASSOCIATION v. HYDE
2017 OK 59 (Supreme Court of Oklahoma, 2017)
State Ex Rel. Oklahoma Bar Ass'n v. Mothershed
2011 OK 84 (Supreme Court of Oklahoma, 2011)
In Re the Reinstatement of Burnett
2008 OK 49 (Supreme Court of Oklahoma, 2008)
In Re the Reinstatement of DeBacker
2008 OK 17 (Supreme Court of Oklahoma, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
2004 OK 31, 91 P.3d 641, 75 O.B.A.J. 1473, 2004 Okla. LEXIS 35, 2004 WL 1049056, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-oklahoma-bar-assn-v-burnett-okla-2004.