Monday, August 24, 2015

STATE ex rel. OKLAHOMA BAR ASSOCIATION v. PITTS-CARTWRIGHT



Summary: Attorney Betty Ann Pitts-Cartwright has been allowed to resign her license to practice law pending disciplinary proceedings. The pending disciplinary proceedings included accusations of failure to communicate with clients, failure to appear on behalf of clients, failure to file pleadings, misappropriation of client funds; fraud, and forgery.

Legal Issues: The Oklahoma Supreme Court is directly responsible for the accreditation of attorneys in the state of Oklahoma. This is accomplished through the Oklahoma Bar Association and its enforcement of the Oklahoma Rules for Professional Conduct for Attorneys ("ORPC").  If an attorney is alleged to have violated the ORPC, the Oklahoma Bar Association investigates as outlined in the Rules Governing Disciplinary Proceedings ("RGDP"). 

Because the change of status of an attorney from 'good standing' to 'resigned' is of public significance, all attorney licensure matters are published, regardless of whether a novel legal question is involved.

An attorney who faces disciplinary proceedings may apply to resign her license. Such a resignation requires approval from the Court. RGDP 8.1 and 8.2. Resignation under these circumstances automatically results in a five year waiting period before the former attorney may apply for readmission. 

Discussion: Resignation with pending disciplinary proceedings is not an admission of guilt, and no forensic investigation has been made into the validity of the complaints against the attorney. 

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