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STATE ex rel. OKLAHOMA BAR ASSOCIATION v. SOLIS
2017 OK 96
| Okla. | 2017
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Background

  • Margarita Solis, an Oklahoma attorney, submitted a voluntary resignation from the Oklahoma Bar Association while disciplinary proceedings were pending.
  • Allegations arose from three grievances: DC 16-189 (Douglas Eason) alleging conversion of client filing fees exceeding $24,000 while Solis served as Director of Immigration Legal Services for Catholic Charities; DC 17-64 (Juan Calamaco) alleging conversion of $850 and failures to communicate and diligently represent; DC 17-149 (Luis Torres Ayala) alleging conversion of $3,700 and failures to communicate and diligently represent.
  • Solis’s affidavit of resignation states it was freely and voluntarily rendered, without coercion, and with awareness of consequences and the allegations.
  • The affidavit acknowledges that, if proven, the conduct would violate multiple Oklahoma Rules of Professional Conduct (including rules on competence, diligence, communication, fees, safekeeping, and misconduct) and disciplinary rules.
  • The Bar Association incurred $52.96 in costs in the matter; Solis’s roster address is listed in the order.
  • The Court treated resignation pending disciplinary proceedings as tantamount to disbarment, imposing a five-year minimum before Solis may apply for reinstatement and requiring client notice and payment of costs.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Solis’s resignation complies with Rules governing disciplinary resignations Bar Association: Resignation complies with Rule 8.1 and 8.2 and should be accepted Solis: (implicitly) voluntarily resigned acknowledging allegations and consequences Court: Approved the resignation as compliant with Rule 8.1/8.2
Whether resignation pending discipline is equivalent to disbarment for reinstatement purposes Bar Association: Resignation pending discipline is tantamount to disbarment Solis: (implicitly) accepted consequences of resignation Court: Treated resignation as tantamount to disbarment; 5-year wait for reinstatement imposed
What procedural obligations should follow resignation Bar Association: Require client notice and payment of costs Solis: Agreed to notify clients and pay costs in affidavit Court: Ordered Solis to notify clients within 20 days by certified mail and pay $52.96 costs
Whether alleged misconduct, if proven, would violate professional rules Bar Association: Allegations constitute violations of Rules 1.1, 1.3, 1.4, 1.5, 1.15, 8.4(a), 8.4(c) and disciplinary rules Solis: Acknowledged awareness that allegations, if proven, would violate those rules Court: Noted that the respondent admitted awareness; resignation approved (no separate factual findings made)

Key Cases Cited

None cited in the opinion.

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Case Details

Case Name: STATE ex rel. OKLAHOMA BAR ASSOCIATION v. SOLIS
Court Name: Supreme Court of Oklahoma
Date Published: Dec 5, 2017
Citation: 2017 OK 96
Court Abbreviation: Okla.