STATE EX REL. OKLAHOMA BAR ASS'N v. Seratt

2003 OK 22, 66 P.3d 390, 74 O.B.A.J. 759, 2003 Okla. LEXIS 26, 2003 WL 838582
CourtSupreme Court of Oklahoma
DecidedMarch 4, 2003
DocketSCBD 4719
StatusPublished
Cited by19 cases

This text of 2003 OK 22 (STATE EX REL. OKLAHOMA BAR ASS'N v. Seratt) 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. Seratt, 2003 OK 22, 66 P.3d 390, 74 O.B.A.J. 759, 2003 Okla. LEXIS 26, 2003 WL 838582 (Okla. 2003).

Opinion

BOUDREAU, J.

T1 Complainant, Oklahoma Bar Association, brought Rule 6 disciplinary proceedings against Respondent, Monte L. Seratt, 1 in a thirteen count complaint alleging client ne-gleet, failure to competently represent his clients, acts of deceit and misrepresentation relating to both endorsing and paying settlement checks, repeated failure to adequately respond to the inquiries of the Oklahoma Bar Association and misrepresentation and deceit regarding his February 2002 deposition testimony at the bar association.

12 Two issues are presented in this disciplinary proceeding. First, was Respondent afforded due process in the disciplinary proceeding. Second, what is the appropriate discipline for Respondent's misconduct.

I. Due Process

T3 Respondent appeared for a deposition at the bar center, in response to a subpoena, on February 6, 2002. At that time, he answered questions regarding a number of the grievances against him. He also promised written responses with regard to twelve client grievances that were not adequately explored at the deposition. Respondent never provided those responses. Accordingly, the bar association issued a subpoena for Respondent to appear at an April 8, 2002 deposition. Respondent did not appear for the April deposition.

T4 On May 9, 2002, the bar association filed a formal complaint against Respondent relating to the clients and grievances discussed at the February deposition, as well as several matters not addressed at the deposition. The thirteen count Complaint was delivered to Respondent's office by certified, *392 restricted mail and signed for by Respondent on May 13, 2002. The complaint was accompanied by a letter from the bar association explaining to Respondent that he had twenty (20) days to file an answer and in the absence of an answer, the charges shall be deemed admitted. Respondent never responded to the formal complaint. Hearing on the complaint was set for July 2, 2002. Respondent also failed to appear at the July 2nd hearing.

T5 The record in this disciplinary action does not conclusively demonstrate that the bar association successfully notified Respondent of the July 2nd hearing date. However, it does reveal the following efforts by the bar to do so. Using a process server, the bar attempted personal service on Respondent of a copy of the complaint shortly after Respondent received the complaint by certified mail in May 2002. The bar then mailed a motion to have the allegations deemed admitted to Respondent's office on June 18, 2002, On June 22, 2002, the bar mailed Respondent the trial panel selection. The bar initially mailed Respondent a copy of the notice of hearing by regular mail. On June 26, 2002, the bar association asked the process server to personally serve the notice of trial panel selection and notice of hearing, but he was unable to do so. In addition to the mailings and attempts at personal service, the bar's counsel repeatedly attempted to reach Respondent by phone, but was always unsue-cessful. On the morning of the hearing, counsel tried phoning Respondent again and found the phone had been disconnected.

T6 At the July 2nd hearing the bar presented evidence in support of its position that Respondent should be disbarred. At the hearing only the bar association investigator testified. Respondent was not present.

T7 Due process must be afforded an accused attorney in bar disciplinary proceedings. See State ex rel. Oklahoma Bar Ass'n v. Minter, 2001 OK 69, 37 P.3d 763, 773. The bar association must allege facts specific enough to put the accused attorney on notice of the charges of misconduct and give him an opportunity to respond to the alleged facts. Id.; see also State ex rel. Oklahoma Bar Ass'n v. Johnston, 1993 OK 91, 863 P.2d 1136, 1143.

Due process in disciplinary proceedings contemplates a fair and open hearing before a trial panel with notice and an opportunity to present evidence and argument, representation by counsel, if desired, compulsory process for obtaining favorable witnesses, information concerning the claims of the opposing party, reasonable opportunity to be heard, and the right to confront the unfavorable witnesses. (This does not mean that a lawyer may thwart discipline by wilfully failing to attend a disciplinary hearing.)

State ex rel. Oklahoma Bar Ass'n v. Lobaugh, 1988 OK 144, 781 P.2d 806, 811.

T8 Respondent unquestionably received notice of the complaint when the bar association mailed him a copy by certified mail. Rule 6.4 of the Rules Governing Disciplinary Proceedings, 5 0.S.2001, Ch. 1 app. I-A (RGDP), requires a Respondent to answer the complaint received within twenty days. In the event a Respondent fails to answer, as Mr. Seratt did in this case, "the charges shall be deemed admitted, except that evidence shall be submitted for the purpose of determining the discipline to be imposed." Rule 6.4 RGDP; State of Oklahoma, ex rel. Oklahoma Bar Ass'n v. Meek, 1996 OK 119, 927 P.2d 553 (Meek completely failed to respond to the complaint and did not attend the hearing; the allegations were deemed admitted); See also State of Oklahoma, ex rel. Oklahoma Bar Ass'n v. Phillips, 1990 OK 4, 786 P.2d 1242 (Phillips failed to respond to the complaint or appear at the scheduled hearing; he was suspended for three years). Because Seratt failed to respond to the complaint, the bar association proceeded in accordance with Rule 6.4, as if the charges of the complaint were admitted.

T9 Respondent was served with a formal complaint by the bar association detailing the nature of the grievances against him. The bar association made a number of attempts, by various methods, to inform Respondent of the hearing date to determine the discipline to be imposed. Respondent has a responsibility as a member of the bar to inform the bar association of his current address and any changes in his address or *393 location. See State ex rel. Oklahoma Bar Ass'n v. O'Brien, 1980 OK 81, 611 P.2d 650; State ex rel. Oklahoma Bar Ass'n v. Prather, 1996 OK 87, 925 P.2d 28. Respondent cannot thwart discipline by deliberately failing to respond to notices of the hearing date. The bar provided Respondent with the opportunity for fair and open hearing, but he chose not to avail himself of that opportunity. We conclude Respondent received due process in the disciplinary proceeding below.

IL - Grievances

A. Count I, The Lockhead Grievance

110 Mr. Lockhead hired Respondent to represent him in a workers' compensation case after he was injured playing hockey as a professional hockey player. Respondent failed to respond to a motion filed by Lock-head's employer to terminate his temporary total disability benefits. Accordingly, Lock-head's employer terminated his benefits. After securing new counsel, Lockhead subsequently settled his claim. According to Lockhead, Respondent failed to cooperate with his new counsel in effecting the settlement. - Eventually the court allowed the new counsel to endorse the settlement check on Respondent's behalf.

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Bluebook (online)
2003 OK 22, 66 P.3d 390, 74 O.B.A.J. 759, 2003 Okla. LEXIS 26, 2003 WL 838582, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-oklahoma-bar-assn-v-seratt-okla-2003.