STATE ex rel. OKLAHOMA BAR ASSOCIATION v. FOARD, 2017 OK 92

Jean Lea Foard, OBA #19659, submitted a resignation from the Oklahoma Bar Association on August 26, 2017, while under investigation in grievance DC 17-74.
Grievance DC 17-74 alleged Foard misappropriated or converted settlement funds received on behalf of two minor children.
Foard executed an affidavit supporting her resignation, waiving her right to contest the alleged misconduct.
The Bar alleged the conduct, if proven, would violate Oklahoma Rules of Professional Conduct Rules 1.15 and 8.4(a), (c), (d) and Rule 1.3 of the Rules Governing Disciplinary Proceedings.
Foard agreed to reimburse the Client Security Fund for any claims paid on her behalf (principal plus statutory interest) before applying for reinstatement, to pay $238.39 in costs within 180 days, and to comply with Rule 9.1.
The Court approved and accepted her resignation effective August 26, 2017, struck her name from the Roll of Attorneys, and barred any application for reinstatement for five years.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether resignation pending discipline complies with Rule 8.1	Bar: Foard's resignation meets Rule 8.1 criteria and may be accepted.	Foard: Voluntarily resigning and waiving contest of allegations.	Court: Approved resignation as compliant with Rule 8.1.
Whether alleged misappropriation may be deemed admitted by resignation	Bar: Foard waived right to contest allegations, relieving Bar of proving them.	Foard: Waived contest; acknowledges allegations if proven violate rules.	Court: Accepted waiver; treated allegation as unchallenged for resignation purposes.
Reimbursement of Client Security Fund claims	Bar: Foard must reimburse principal and statutory interest before reinstatement if Fund pays claims.	Foard: Agreed to reimburse prior to reinstatement.	Court: Conditioned future reinstatement on reimbursement as agreed.
Reinstatement eligibility and conditions	Bar: Five-year bar to applying and compliance with Rule 11 conditions is required.	Foard: Acknowledged five-year waiting period and Rule 11 procedures.	Court: Ordered five-year minimum before application and compliance with Rule 11 and Rule 9.1.