State ex rel. Oklahoma Bar Ass'n v. Watkins

1997 OK 114, 945 P.2d 498, 1997 Okla. LEXIS 108, 1997 WL 561301
CourtSupreme Court of Oklahoma
DecidedSeptember 9, 1997
DocketNo. 4281
StatusPublished

This text of 1997 OK 114 (State ex rel. Oklahoma Bar Ass'n v. Watkins) 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. Watkins, 1997 OK 114, 945 P.2d 498, 1997 Okla. LEXIS 108, 1997 WL 561301 (Okla. 1997).

Opinion

WATT, Justice.

¶ 1 Upon the filing of a complaint1 filed May 21, 1997 with the Supreme Court of Oklahoma, Respondent, Stephen Michael Watkins, tendered his resignation from membership in the OBA pending disciplinary proceedings. The OBA has filed an application for approval of Respondent’s resignation. Upon consideration of the matter, we find:

1) Respondent’s name and address appear on the roster maintained by the OBA as follows: Stephen Michael Watkins, 403 S. Cheyenne, Suite 1200, Tulsa, OK 74103.
2) Respondent executed his resignation on July 18,1997.
3) Respondent’s resignation was freely and voluntarily tendered; he was not subject to coercion or duress; and he was fully aware of the consequences of submitting his resignation. Rule 8.1, Rules Governing Disciplinary Proceedings, 5 O.S. Ch. 1, App. 1-A.
4) Respondent was aware that a formal Complaint was filed with this Court on May 21, 1997 alleging in Count I that Respondent violated Rules 1.1, 1.3, 1.4, 1.15 and 8.4(c), Oklahoma Rules of Professional Conduct, 5 O.S. Ch. 1, App. 3-A (“ORPC”), and Rule 1.4, RGDP, alleging in Count II that he violated Rules 1.1, 1.3, 1.4, 3.2, and 8.4(c), ORPC; alleging in Count III that he violated Rules 1.1, 1.3, and 1.4, ORPC; alleging in Count IV that he violated Rules 1.1, 1.3, 1.4, and 8.4(e), ORPC; alleging in Count V that he violated Rules 1.1, 1.3, 1.4, 3.2, 4.4 and 8.4(e), ORPC; alleging in Count VI that he violated Rules 1.4, and 8.4(c), ORPC, and Rule 1.3, RGDP; alleging in Count VII that he violated Rules 1.1, 1.3, 1.4, and 1.16(d), ORPC; and alleging in Count VIII that he violated Rule 8.1(b), ORPC, and Rule 5.2, RGDP.
5) Respondent was aware that the burden of proof regarding the allegations set forth above rests upon the Oklahoma Bar Association. Respondent waived any and all right to contest the allegations.
6) Respondent was aware that, if proven, the alleged conduct would constitute violations of Rules 1.1, 1.3, 1.4, 1.15, 1.16(d), 3.2, 4.4, 8.1(b) and 8.4(c), Oklahoma Rules of Professional Conduct, and Rules 1.4, 1.3 and 5.2, Rules Governing Disciplinary Proceedings.
7) Respondent was aware that either the approval or disapproval of this resignation is within the discretion of the Supreme Court.
8) Respondent agrees to comply with the provisions of Rule 9.1, Rules Governing Disciplinary Proceedings, within twenty (20) days following the date of this resignation.
9) Respondent recognizes and agrees that he may not make application for reinstatement to membership in the OBA prior to the expiration of five (5) years from the effective date of our approval of his resignation and upon compliance with the conditions of Rule 11, Rules Governing Disciplinary Proceedings.
10) Respondent agrees to reimburse the OBA should the OBA pay out any funds to his former clients through the Client Security Fund.
11) Respondent’s resignation pending disciplinary proceedings should be approved.

¶2 IT IS THEREFORE ORDERED that Complainant’s application and Respondent’s resignation are approved.

¶ 3 IT IS FURTHER ORDERED that Respondent’s name be stricken from the Roll of Attorneys and that he make no application for reinstatement to membership in the Oklahoma Bar Association prior to five years from the date of this opinion.

[500]*500¶ 4 IT IS FURTHER ORDERED that Respondent comply with Rule 9.1, Rules Governing Disciplinary Proceedings.

¶ 5 IT IS FURTHER ORDERED that Respondent reimburse the Client Security Fund of the Oklahoma Bar Association, including interest at the statutory rate, should it pay any funds to his former client for claims made due to his alleged misconduct.

¶ 6 ALL JUSTICES CONCUR.

EXHIBIT A

COMPLAINT

Complainant, State of Oklahoma ex rel. Oklahoma Bar Association, for its claim against the Respondent, Stephen Michael Watkins, alleges and states:

1. The Respondent is a member of the Oklahoma Bar Association and is licensed to practice law by the Supreme Court of the State of Oklahoma. The Respondent was so licensed at all times relevant to this Complaint.

2. To the best knowledge, information, and belief of Complainant, the Respondent has committed specific acts which constitute professional misconduct in violation of the Oklahoma Rules of Professional Conduct, (“ORPC”), 5 O.S. ch. 1, app. 3-A, (Supp. 1996), and are cause for professional discipline as provided in the Rules Governing Disciplinary Proceedings, (“RGDP”), 5 O.S. eh. 1, app. 1-A, (Supp.1996). This standard of conduct, adopted and enforced by the Supreme Court of the State of Oklahoma, provides guidelines by which all attorneys are to practice law in Oklahoma.

3. These proceedings are begun pursuant to Rule 6, RGDP.

4. The official Oklahoma Bar Association roster address of the Respondent is: Stephen Michael Watkins, OBA # 15367, 403 S. Cheyenne, Suite 1200, Tulsa, OK 74103.

COUNT I

5. In 1996, William John Grant (“Grant”) retained the Respondent to represent him in regards to a personal injury accident.

6. Grant advanced $1500.00 to the Respondent towards costs and eiqjenses. The Respondent has accounted for $300.00 in expenses and has failed to account for the $1200.00 balance.

7. The Respondent failed for several months to account for, or return, the $1200.00 balance to Grant.

8. The Respondent has ignored Grant’s efforts to communicate and will not respond to his correspondence and telephone messages.

9. The Respondent’s conduct thereby violated the mandatory provisions of Rules 1.1, 1.3, 1.4, 8.4(c), and 1.15, ORPC, and Rule 1.4, RGDP, and constitutes grounds for professional discipline.

COUNT II

10. In March 1995, Linda Spaulding (“Spaulding”) retained the Respondent to represent her in regards to a personal injury accident.

11. Shortly thereafter, the Respondent assured Spaulding that the insurance carrier had stated that they wanted to settle the case immediately and that settlement appeared imminent.

12. Those assurances of the Respondent were intentional misrepresentations.

13. About May 1996, the Respondent moved from his office and left no forwarding address for Spaulding.

14. If the Respondent performed any further services on Spaulding’s behalf, he failed to communicate that information to her.

15. The Respondent ignored Spaulding’s efforts to communicate and did not respond to her correspondence or telephone messages.

16. The Respondent’s conduct thereby violated the mandatory provisions of Rules 1.1, 1.3, 1.4, 3.2, and 8.4(c), and constitutes grounds for professional discipline.

COUNT III

17. In July 1995, Lisa Paquette (“Pa-quette”) retained the Respondent to repre[501]*501sent her in regards to a personal injury claim.

18. Shortly thereafter, the Respondent moved from his office and left Paquette no forwarding address.

19.

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1997 OK 114, 945 P.2d 498, 1997 Okla. LEXIS 108, 1997 WL 561301, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-oklahoma-bar-assn-v-watkins-okla-1997.