STATE ex rel. OKLAHOMA BAR ASSOCIATION v. KNIGHT
2014 OK 71
| Okla. | 2014Background
- David W. Knight, admitted in Oklahoma (1982) and Texas, received a one-year probated suspension from the State Bar of Texas (Oct. 10, 2013) for client neglect, failures to communicate, and failure to surrender client papers. The probated suspension ran Nov. 1, 2013–Oct. 31, 2014.
- The Texas findings (TDRPC Rules 1.01(b)(1), 1.03(a), 1.15(d)) stated Knight neglected a matter brought by a client, failed to respond to client requests for information, and failed to surrender client property upon termination.
- Under RGDP Rule 7.7, the Texas judgment constituted prima facie evidence of misconduct; the Oklahoma Bar Association transmitted the Texas documentation and this Court ordered Knight to show cause. Knight did not respond.
- The OBA reported prior discipline: a 2009 Texas partially probated suspension for substantially similar misconduct (neglect, poor communication, improper contact, restitution owed) which led to a private reprimand by Oklahoma’s PRC for failure to report the Texas discipline.
- The Court found the Texas violations correspond to Oklahoma Rules (competence, diligence, communication, surrender of client property, expediting litigation) and also found Knight violated RGDP Rule 7.7(a) by not reporting out-of-state discipline within 20 days.
- Considering the current misconduct, prior discipline, Knight’s failure to respond, and need for public protection and deterrence, the Court suspended Knight from practice in Oklahoma for one year and ordered transmission of this proceeding to Texas authorities.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Texas probated suspension supports reciprocal discipline in Oklahoma | The Texas final judgment is prima facie evidence of misconduct under RGDP 7.7 and warrants discipline in Oklahoma | Knight failed to respond or defend the Texas findings | Court adopted the Texas findings as establishing violations of Oklahoma rules and imposed discipline (one-year suspension) |
| Whether Knight’s failure to notify the OBA of out-of-state discipline violates RGDP 7.7(a) | Failure to report within 20 days is itself grounds for discipline | No response submitted | Court found failure to report and increased discipline consideration accordingly |
| Weight to give prior disciplinary history in determining sanction | Prior similar sanctions (2009 Texas suspension; PRC private reprimand) show a pattern of neglect warranting stiffer sanctions | No response/explanation or mitigation offered by Knight | Court considered prior misconduct aggravating; pattern justified a one-year suspension |
| Whether OBA’s procedural choice (Rule 6 vs Rule 7.7) was appropriate | OBA used Rule 6 for the 2009 Texas matter leading to differing remedies; Court cautioned OBA about inconsistent filing choices | Not addressed by Knight | Court criticized OBA’s prior practice, reaffirmed expectations (per Zannotti) but did not bar Rule 6 filings; discipline here stands |
Key Cases Cited
- State ex rel. Okla. Bar Ass'n v. Benefield, 125 P.3d 1191 (Okla. 2005) (one-year suspension appropriate where attorney has history of client neglect and communication failures)
- State ex rel. Okla. Bar Ass'n v. Rennie, 945 P.2d 494 (Okla. 1997) (one-year suspension for neglect, failure to communicate, and failure to respond to bar)
- State ex rel. Okla. Bar Ass'n v. Whitebook, 242 P.3d 517 (Okla. 2010) (failure to respect court authority and indifference to license supports increased discipline)
- State ex rel. Okla. Bar Ass'n v. Kleinsmith, 297 P.3d 1248 (Okla. 2013) (court may impose same, greater, or lesser discipline than another jurisdiction)
- State ex rel. Okla. Bar Ass'n v. Patterson, 28 P.3d 551 (Okla. 2001) (reciprocal discipline principles and discretion to fashion sanction)
- State ex rel. Okla. Bar Ass'n v. Henderson, 977 P.2d 1096 (Okla. 1999) (burden on disciplined lawyer to show out-of-state findings are unsupported or insufficient for discipline in Oklahoma)
- State ex rel. Okla. Bar Ass'n v. Zannotti, 326 P.3d 496 (Okla. 2014) (OBA warned to transmit certified out-of-state disciplinary documents under Rule 7 procedures to avoid inconsistent discipline)