STATE EX REL. OKLAHOMA BAR ASS'N v. Bellamy
2012 OK 20
| Okla. | 2012Background
- OBA filed three counts of professional misconduct against Bellamy under RGDP Rule 6 on March 17, 2011.
- Bellamy failed to file an answer after proper service and a motion to deem allegations admitted was granted.
- A hearing was held August 2, 2011, before a PRT Trial Panel, which Bellamy did not attend.
- Trial Panel adopted the complaint’s facts and recommended a two years and one day suspension.
- Counts I–III allege neglect, lack of communication, abandonment of cases, failure to return original documents, and cooperation failures.
- Court reviews de novo and, after weighing the record, affirms the Panel’s findings and suspension.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Were Counts I–III proven by clear and convincing evidence? | Bellamy neglected matters, earned fees, failed to communicate, and failed to return documents. | Bellamy offered no responsive defense; arguments not advanced. | Yes; proven by clear and convincing evidence. |
| Is suspension of Bellamy two years and one day appropriate discipline? | Discipline aligns with Edwards and Whitebook and protects the public. | No direct defense; court receives arguments from Bar; no counterpoint presented. | Two years and one day suspension warranted. |
| Should Bellamy be taxed with costs of the disciplinary proceeding? | Costs should be assessed to recover proceeding expenses. | No argument presented; no contrary position stated. | Yes; Bellamy ordered to pay $608.04. |
Key Cases Cited
- State ex rel. Oklahoma Bar Ass'n v. Edwards, 2011 OK 3 (Okla. 2011) (similar neglects justified suspension guidance)
- State ex rel. Oklahoma Bar Ass'n v. Whitebook, 2010 OK 72 (Okla. 2010) (probate-related fee neglect supports long suspension)
- State ex rel. Oklahoma Bar Ass'n v. Chappell, 2004 OK 41 (Okla. 2004) (purposes of disciplinary action; public protection priority)
- State ex rel. Oklahoma Bar Ass'n v. Funk, 2005 OK 26 (Okla. 2005) (exclusive jurisdiction; de novo review standard)
