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