STATE ex rel. OKLAHOMA BAR ASSOCIATION v. COX

STATE ex rel. OKLAHOMA BAR ASSOCIATION v. COX
2012 OK 70
Case Number: SCBD-5903
Decided: 09/10/2012

THE SUPREME COURT OF THE STATE OF OKLAHOMA

FOR PUBLICATION IN OBJ ONLY. NOT RELEASED FOR OFFICIAL PUBLICATION.

STATE OF OKLAHOMA ex rel. OKLAHOMA BAR ASSOCIATION, Complainant,
v.
CHRISTOPHER H. COX, Respondent.

ORDER APPROVING RESIGNATION FROM OKLAHOMA BAR
ASSOCIATION PENDING DISCIPLINARY PROCEEDINGS

APPLICATION APPROVED.
RESPONDENT'S NAME STRICKEN
FROM THE ROLL OF ATTORNEYS.

¶1 Complainant, Oklahoma Bar Association, filed its Application for Order Approving Resignation on August 21, 2012, asking this Court to enter an order approving the Resignation Pending Disciplinary Proceedings of Christopher H. Cox, OBA No. 1963, pursuant to Rule 8.2, Rules Governing Disciplinary Proceedings, ("RPDP") 5 O.S. 2011, Ch. 1, App. 1-A. Complainant states Respondent's Resignation Pending Disciplinary Proceedings was executed in conformity with the requirements of Rule 8.1, RGDP.

¶2 Upon consideration of this matter, we find:

1. Respondent's name and address, according to records maintained by the Oklahoma Bar Association, are shown as follows: 217 N. Harvey, Ste. 507, Oklahoma City, OK 73102. However, respondent has abandoned his practice at this address and is currently receiving mail in care of Jean or Robert Erber, 3055 Big Ridge Road, Baker, West Virginia 26801.

¶3 Respondent is currently suspended from the practice of law in Oklahoma as a result of his failure to pay Oklahoma Bar Association dues by Order of the Supreme Court of Oklahoma, SCBD #5892, on July 25, 2012.

¶4 Respondent's affidavit states that it is his desire to resign and:

(a) he renders his resignation freely and voluntarily;

(b) he was not subjected to coercion or duress;

(c) he is aware of the consequences of submitting his resignation; and

(d) he is aware that his resignation is subject to the approval of the Supreme Court of the State of Oklahoma; however, his resignation is effective from the date and time of its execution, and he will conduct his affairs accordingly.

¶5 Respondent further states that he is aware the following grievances have been investigated by the Office of the General Counsel, Oklahoma Bar Association:

Grievance by Francesca Griffith: Alleges that in September, 2011, Respondent failed to competently represent his client in a child custody matter and negligently failed to comply with a court order regarding obtaining certain documentation from the Department of Human Services. Also, the grievance alleges that Respondent may have appeared to be intoxicated in court and that he repeatedly failed to respond to the requests of the Office of the General Counsel.

Grievance by Juan Castro: Alleges that on October 3, 2011, Respondent was retained by Mr. Castro to file a small claims action and was paid a fee of $400.00. Said grievance also alleges that Respondent filed the petition but told Mr. Castro to find another lawyer in February 2012 because he no longer desired to practice law. Respondent failed to withdraw from the client's case. Mr. Castro had to hire a new attorney and subsequently filed a bar grievance against Respondent. The grievance also alleges that the General Counsel's office had difficulty locating Respondent because he abandoned his law office and failed to provide a new roster address to the Bar Association.

Grievance by Victor Curtis: Alleges that Respondent was paid $500.00 to represent Mr. Curtis in a criminal matter but he failed to appear in court and abandoned his client's legal matter and his legal practice.

Grievance by Terry Murray: Alleges that Respondent was paid a fee to represent Ms. Murray's son in a criminal matter in Oklahoma County. Also, the grievance alleges that he neglected his client's matter and was held in contempt of court and was ordered to make a refund to Ms. Murray. Respondent did not refund Ms. Murray the $1,000.00 fee, as directed.

¶6 Respondent is aware that the allegations concerning his conduct if proven, as set forth in the above grievances, would constitute violations of Rules 1.1, 1.3, 1.4, 1.5, 1.15, 1.16(d), 8.1(b), 8.4(a)(b)(d) of the Oklahoma Rules of Professional Conduct ("ORPC") 5 O.S. 2008, Ch. 1, App. 3-A, Rules 1.3 and 5.2, RGDP, and his oath as an attorney.

¶7 Respondent is aware that the burden of proof regarding the allegations set forth rests upon the Oklahoma Bar Association, however, Respondent waives any and all right to contest the allegations.

¶8 Respondent is aware that pursuant to Rule 8.2, RGDP, either the approval or disapproval of his resignation is within the discretion of the Supreme Court of Oklahoma.

¶9 Respondent has familiarized himself with the provisions of Rule 9.1, RGDP, and does hereby agree to comply with the provisions of Rule 9.1 within twenty (20) days following the date of his resignation.

¶10 Respondent acknowledges and agrees he may be reinstated to the practice of law only upon full compliance with the conditions and procedures prescribed by Rule 11, RGDP, and he may make no application for reinstatement prior to the expiration of five (5) years from the effective date of the Order approving this Resignation Pending Disciplinary Proceedings.

¶11 Respondent acknowledges that, as a result of his conduct, the Client Security Fund may receive claims from his former clients.

¶12 Respondent agrees that should the Bar Association approve and pay such Client Security Fund claims, he will reimburse the fund the principal amounts and the applicable statutory interest prior to the filing of any application for reinstatement.

¶13 Respondent hereby avows that he is unable to locate his Oklahoma Bar Association membership card and therefore cannot surrender it contemporaneously with his resignation pending disciplinary proceedings. In the event Respondent finds his Bar membership card previously issued to him, he hereby affirms, under penalty of perjury, that he will destroy it.

¶14 Respondent acknowledges and agrees that he is to cooperate with the Office of the General Counsel in the task of identifying any active client cases wherein documents and files need to be returned or forwarded to new counsel, and in any client case where fees or refunds are owed by Respondent.

¶15 Respondent acknowledges the Oklahoma Bar Association has incurred minimal costs in the investigation of the above-stated matter and that the Bar Association recommends the Supreme Court to waive those costs.

¶16 Respondent requests that he be allowed to resign his membership in the Oklahoma Bar Association and relinquishes his right to practice law.

¶17 IT IS THEREFORE ORDERED that Complainant's application and Respondent's affidavit regarding resignation be approved; that Respondent's name be stricken from the Roll of Attorneys and that he make no application for reinstatement to membership in the Oklahoma Bar Association prior to five years from the effective date of this order; that Respondent comply with Rule 9.1, RGDP; that Respondent reimburse the Client Security Fund of the Oklahoma Bar Association, including interest at the statutory rate, should it pay any funds to his former clients for claims made due to his alleged misconduct; and that investigative costs incurred by the Oklahoma Bar Association are waived.

DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE THIS 10TH DAY OF SEPTEMBER, 2012.

/S/CHIEF JUSTICE

ALL JUSTICES CONCUR