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

1997 OK 108, 945 P.2d 494, 1997 WL 416765
CourtSupreme Court of Oklahoma
DecidedJuly 22, 1997
DocketSCBD 3863, SCBD 3937
StatusPublished
Cited by41 cases

This text of 1997 OK 108 (State Ex Rel. Oklahoma Bar Ass'n v. Rennie) 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. Rennie, 1997 OK 108, 945 P.2d 494, 1997 WL 416765 (Okla. 1997).

Opinions

PER CURIAM.

FACTS AND PROCEDURAL BACKGROUND

¶ 1 This matter involves two disciplinary proceedings against Respondent, Robert Rennie, Jr. In August 1993 the General Counsel of the Oklahoma Bar Association brought the most recent of the two bar disciplinary proceedings before us today, SCBD No. 3937. In it, the Bar sought enhancement of discipline due to three other disciplinary proceedings. The first of the other proceedings was SCBD No. 3863, wherein the Trial Panel of the Professional Responsibility Tribunal recommended to this Court, on December 16, 1992, that Rennie be suspended for thirty days, and placed on probation for two years for neglect of client matters and failure to respond to a bar grievance. SCBD No. 3863 is still pending, and we will dispose of it in this opinion as part of our disposition of SCBD No. 3937. The second and third of the other disciplinary proceedings considered in SCBD No. 3937 were private reprimands issued by the Professional Responsibility Commission for neglect of client matters: OB AD No. 792 issued April 24, 1987, and OB AD No. 958 issued December 8, 1989.

¶2 The Trial Panel filed its report in SCBD No. 3937 on December 16, 1992, in which it recommended that Rennie be suspended from the practice of law for two years and one day. At that time Rennie was appearing pro se. By January 14, 1994 Ren-nie had retained counsel, Mr. Gary Rife, who on that date filed a motion to remand on [496]*496Rennie’s behalf. Rennie’s motion asked that the matter be remanded to the Professional Responsibility Tribunal to allow Rennie to present “character evidence or evidence in mitigation.” The Bar acquiesced in Rennie’s motion, and we granted it on January 25, 1994.

¶ 3 There are three Trial Panel proceedings that we must consider here. They are: (1) Proposed Stipulations of Fact and Conclusions of Law With Agreed Recommendation of Discipline in SCBD No. 3863, based on agreed facts and recommendation for discipline between Rennie and the Bar, filed December 16, 1992; (2) hearing of August 12, 1993, and Findings of Fact Conclusions of Law and Recommendation of Discipline filed September 13, 1993 in SCBD No. 3937; and (3) hearing of June 21, 1996 and Supplemental Report of Professional Responsibility Tribunal filed July 18, 1996 in SCBD No. 3937 concerning Rennie’s character and matters in mitigation.

SCBD No. 3863

¶ 4 Rennie stipulated with the Bar concerning all findings in this matter. The Bar’s complaint contained three counts.

Count I

¶ 5 In Count I Rennie agreed that he failed to respond in writing to two letters, one certified, the Bar sent to him in August and September 1991 regarding allegations of misconduct made by one of Rennie’s clients, Ross English. The Bar then served a subpoena on Rennie to take his deposition, and Rennie testified by deposition in November 1991. In his deposition Rennie admitted that he received the Bar’s certified letter. Ren-nie conceded that he had violated Rule 5.1 of the Rules Governing Disciplinary Procedure by failing to answer the grievance, and Rule 8.1 of the Rules of Professional Conduct by knowingly failing to respond to the Bar’s certified letter.

Count II

¶ 6 In Count II Rennie agreed that Ross English had hired him in October 1989 to defend an action in the District Court of Garvin County brought against Mr. English to foreclose on Mr. English’s house. Rennie filed a counterclaim on Mr. English’s behalf in November 1989. In his grievance Mr. English claimed that he had difficulty in communicating with Rennie between March 1990 and January 1991. In January 1991 Mr. English received notice by mail that the plaintiff in the foreclosure action was going to proceed with the sale of his house. Mr. English then went to Rennie’s office and paid him a fee of $750.00 to delay the foreclosure sale. Rennie represented to Mr. English that he would try to delay the sale, but he filed no pleadings, and took no other action to delay the sale. The sheriff sold Mr. English’s house at foreclosure sale in May 1991.

¶ 7 Rennie agreed that his conduct had violated Rules 1.1,1.3, and 1.4 of the Rules of Professional Conduct in that his representation of Mr. English had been done neither competently nor diligently, and he failed to keep Mr. English reasonably informed of the status of the matter.

Count III

¶ 8 As enhancement to discipline, Rennie agreed that he twice had been privately reprimanded for neglect of a client’s legal matter entrusted to him, and once for failing to respond to a grievance (OBAD No. 792 on April 27,1989, and OBAD No. 958 on December 8,1989).

Recommendation of Discipline

¶ 9 Rennie and the Bar agreed to discipline consisting of public censure from this Court, two years probation, and the payment of costs by Rennie in the amount of $750.94. The Trial Panel agreed to recommend the agreed discipline, but recommended that this Court impose additional discipline in the form of a thirty day suspension.

SCBD No. 3937

¶ 10 This disciplinary proceeding arose from a grievance filed by one of Rennie’s clients, Linda Easley. An evidentiary hearing was held on the matter before the Trial Panel on August 12, 1993, and the Trial Panel filed its findings of fact and conclusions of law on September 13, 1993. Rennie filed [497]*497nothing with the Trial Panel, and confessed the Bar’s motion to deem the allegations of its complaint deemed admitted. Rennie had earlier filed a written response to the Bar’s complaint that was misleading in that he falsely recited that he did not receive notice of defendant’s motion for summary judgment in a case he handled for Mrs. Easley.

¶ 11 Mrs. Easley testified that Rennie filed a slip and fall ease for her in 1988. Defendant’s attorney in the case filed a motion for summary judgment, but Rennie did not file a responsive pleading, and summary judgment was entered for the defendant in December 1989. Mrs. Easley also testified that Rennie failed to respond to many long distance telephone calls she had made to inquire about the status of her case.

¶ 12 In early 1990, after the court entered summary judgment against Mrs. Eas-ley, but before she learned of the court’s action, Rennie agreed to pay a part of Mrs. Easley’s medical bills not covered by insurance, and did pay $875.00 of those bills.

¶ 13 Mrs. Easley testified that in late 1990 Rennie told her that the defendant’s lawyer had bought off the judge and that everyone knew that the judge had done bad things, but that a new judge would take office in January 1991. At the suggestion of another lawyer, Mrs. Easley checked the courthouse records of her case in July 1992. She discovered that summary judgment had been entered against her. When Mrs. Eas-ley next asked Rennie about the status of her case he at first claimed that it was still proceeding. After Mrs. Easley confronted him with the facts, Rennie finally admitted that the court had entered summary judgment against her. Rennie agreed to pay Mrs. Easley “the value of the case.”

¶ 14 Rennie did not testify or offer evidence.

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State Ex Rel. Oklahoma Bar Ass'n v. Rennie
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Bluebook (online)
1997 OK 108, 945 P.2d 494, 1997 WL 416765, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-oklahoma-bar-assn-v-rennie-okla-1997.