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