STATE ex rel. OKLAHOMA BAR ASSOCIATION v. EAKIN
2021 OK 56
| Okla. | 2021Background
- William Wayne Eakin (OBA No. 2588), admitted 1975, executed an affidavit resigning from the Oklahoma Bar Association on October 21, 2021; OBA filed the application to approve the resignation on October 22, 2021 under RGDP Rule 8.2.
- The Court entered an immediate interim suspension on October 25, 2021 (State ex rel. Okla. Bar. Ass'n v. Eakin, 2021 OK 53) while disciplinary proceedings were pending.
- On September 24, 2021 a jury convicted Eakin of Offering Fraudulent Evidence, Offering False Instrument for Recordation, and Conspiracy (state felony offenses); he was fined and assessed court and juror costs.
- The OBA initiated summary disciplinary proceedings (Sept. 30, 2021) and an OBA grievance alleging fraudulent notarization underlies a pending Perjury charge scheduled for trial February 7, 2022.
- Eakin acknowledged his convictions violated ORPC Rules 8.4(b), (c), (d), waived any right to contest the pending grievance, surrendered his bar card, agreed to comply with RGDP Rule 9.1, and agreed to reimburse any Client Security Fund payments and to pay OBA costs.
- The Supreme Court approved the resignation as effective on filing, struck Eakin’s name from the Roll of Attorneys (treating the resignation as tantamount to disbarment), barred reinstatement for five years, required Rule 9.1 compliance and CSF reimbursement prior to reinstatement, and assessed costs of $8.36.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Court should approve resignation pending disciplinary proceedings | OBA: resignation supported by Eakin's Rule 8.1 affidavit and follows convictions and pending disciplinary proceedings | Eakin: resignation is voluntary, knowingly submitted, and accompanied by required affidavit and waivers | Approved: Court accepted resignation under RGDP Rule 8.2 and made it effective on filing |
| Legal effect of resignation pending proceedings | OBA: resignation in these circumstances is equivalent to disbarment and supports striking name from roll | Eakin: acknowledges consequences including reinstatement limits | Held: resignation treated as tantamount to disbarment; name stricken; cannot seek reinstatement for five years |
| Conditions for future reinstatement and compliance obligations | OBA: reinstatement subject to Rule 11 procedures; Eakin should follow Rule 9.1 and repay Client Security Fund claims before reinstatement | Eakin: agreed to comply with Rule 9.1, assist in client file transitions, and reimburse CSF if claims paid | Held: Court ordered Rule 9.1 compliance, cooperation with OBA, and repayment of any CSF disbursements as a condition of reinstatement |
| Assessment of costs against respondent | OBA: seeks reimbursement of costs incurred in investigation/prosecution | Eakin: acknowledged OBA costs and agreed to reimburse | Held: Court sustained cost assessment; Eakin ordered to pay $8.36 within 20 days |
Key Cases Cited
- State ex rel. Oklahoma Bar Ass'n v. Eakin, 2021 OK 53 (Order granting immediate interim suspension)
