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

  • The Oklahoma Bar Association notified the Oklahoma Supreme Court that attorney Margarita Solis resigned from the Bar while disciplinary proceedings were pending.
  • Allegations included: conversion/safekeeping failures and inadequate communication/diligent representation.
  • Specific grievances: DC 16-189 (conversion of >$24,000 in client filing fees while Director of Immigration Legal Services at Catholic Charities); DC 17-64 (conversion of $850 and inadequate communication/diligent representation for Juan Calamaco); DC 17-149 (conversion of $3,700 and inadequate communication/diligent representation for Luis Torres Ayala).
  • Solis executed an affidavit of resignation stating the resignation was voluntary, without coercion, and that she understood the consequences and the allegations — admitting awareness that proven conduct would violate multiple Rules of Professional Conduct and disciplinary rules.
  • The Court found the resignation complied with Rule 8.1 and approved it, assessed Bar costs of $52.96, and ordered Solis’s name stricken from the roll of attorneys.
  • Because resignation pending discipline is tantamount to disbarment, Solis may not seek reinstatement for five years; she must notify current clients by certified mail within 20 days and pay the assessed costs.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether respondent's resignation pending disciplinary proceedings complies with Rule 8.1 and should be approved Bar: Solis’s affidavit meets Rule 8.1 requirements and resignation should be accepted Solis: voluntarily resigned and acknowledged awareness of allegations and consequences Court approved resignation as compliant with Rule 8.1
Whether alleged conduct (conversion, failure to safekeep, inadequate communication/diligent representation) constitutes violations of professional rules Bar: allegations, if proven, violate Rules 1.1, 1.3, 1.4, 1.5, 1.15, 8.4(a), 8.4(c) and disciplinary rules Solis: acknowledged awareness that conduct, if proven, would violate those rules Court treated resignation as tantamount to disbarment given severity of allegations
Appropriate disciplinary consequence and post-resignation restrictions Bar: resignation pending discipline results in removal from roll and limitations consistent with prior practice Solis: accepted resignation terms including acknowledging consequences Court ordered name stricken, five-year bar on reinstatement, client notification, and payment of costs
Costs and administrative requirements upon resignation Bar: seek recovery of incurred costs and compliance with client-notice rules Solis: agreed to pay costs and to notify clients Court ordered payment of $52.96 and required certified-mail notice to clients within 20 days

Key Cases Cited

  • No cases with official reporter citations are cited in this 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.