STATE ex rel. OKLAHOMA BAR ASSOCIATION v. OFFILL
2014 OK 27
| Okla. | 2014Background
- Respondent Phillip W. Offill, Jr. was suspended from the practice of law in Oklahoma on November 22, 2010 based on federal convictions for nine counts of wire fraud and one count of conspiracy to commit securities violations.
- The federal sentences totaled 96 months for each wire fraud count and 60 months for the conspiracy count, all to be served concurrently, and were affirmed on appeal with Supreme Court review denied in 2012; conviction is final for purposes of final discipline.
- On November 19, 2013, the Oklahoma Bar Association movant issued a show cause order asking why a final discipline order should not be entered, notifying Offill of potential suspension or disbarment and offering a hearing or mitigation submission.
- Offill did not respond, appear, or submit any mitigation, and he remained in default in these disciplinary proceedings.
- The Court found due process satisfied and that the conviction showed dishonesty and misrepresentation in violation of Rules of Professional Conduct 8.4(b) and (c).
- The Court ordered final discipline: disbarment, effective from the date of the order, with no costs assessed due to respondent’s nonresponse.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether final discipline is warranted | Offill’s conviction reflects dishonesty and fraud, justifying disbarment. | Offill did not participate or respond; mitigation could lessen discipline. | Disbarment warranted |
| Whether due process was satisfied | Notice and opportunity to be heard were provided via show cause order and related processes. | Offill did not respond; no direct defense was offered. | Due process satisfied |
| Whether the sanction aligns with precedents | In similar fraud cases, the bar has imposed disbarment to protect the public and integrity of the profession (citing Shofner). | No mitigation or explanation provided by Offill; no argument presented. | Disbarment is appropriate final discipline |
Key Cases Cited
- STATE ex rel. OKLAHOMA BAR ASS'N v. SHOFNER, 60 P.3d 1024 (2002 OK 84) (disbarment appropriate final discipline for active participation in fraudulent conduct)
- STATE ex rel OKLAHOMA BAR ASS'N v. WHITEBOOK, 242 P.3d 517 (2010 OK 72) (due process and notice requirements in bar disciplinary proceedings)