STATE EX REL. OKLA. BAR ASS'N v. Bourland, No. SCBD-4594

• Court: Supreme Court of Oklahoma
• Citation: 2001 OK 12,19 P.3d 289
• Decision Date: 06 February 2001
• Parties: STATE of Oklahoma, ex rel. OKLAHOMA BAR ASSOCIATION, Complainant, v. John Albert BOURLAND, Respondent.
• Docket Number: No. OBAD-1475., No. SCBD-4594

19 P.3d 289
2001 OK 12

STATE of Oklahoma, ex rel. OKLAHOMA BAR ASSOCIATION, Complainant,
v.
John Albert BOURLAND, Respondent

Nos. SCBD-4594, OBAD-1475.

Supreme Court of Oklahoma.

February 6, 2001.

As Corrected February 12, 2001.

¶ 0 Order Approving Resignation Pending Disciplinary Proceedings.

¶ 1 Upon consideration of the complainant's, Oklahoma Bar Association (Bar Association), application for an order approving the resignation of the respondent, John Albert Bourland, pending disciplinary proceedings, the application and resignation reveal the following.

¶ 2 On January 24, 2001, the respondent submitted to the Oklahoma Bar Association his affidavit of resignation from membership in the Bar Association pending investigation of disciplinary proceedings.

¶ 3 The respondent's affidavit of resignation reflects that: a) it was freely and voluntarily rendered; b) he was not subject to coercion or duress; and c) he was fully aware of the consequences of submitting the resignation.

¶ 4 The respondent's affidavit and the application show that ten (10) grievances have been filed against Respondent and are pending before Complainant:

(1) DC 00-160 is a grievance alleging that after being hired to represent Constance Chapin the respondent could not be located by the client and neglected a legal matter.

(2) DC 00-196 is a grievance alleging that after being hired by Mr. and Mrs. Eric Fausett the respondent neglected the case,

19 P.3d 290

failed to communicate with the clients, and gave false information to the clients concerning the status of their case.

(3) DC 00-281 is a grievance alleging that after the respondent's license to practice law was suspended by the Oklahoma Supreme Court on July 10, 2000, for non-payment of dues and non-compliance with Mandatory Continuing Legal Education Requirements, the respondent represented a client in a matter involving the City of Broken Arrow.

(4) DC 00-282 is a grievance alleging that after the respondent's license to practice law was suspended by the Oklahoma Supreme Court on July 10, 2000, for non-payment of dues and non-compliance with Mandatory Continuing Legal Education Requirements, the respondent represented a client in court and made misrepresentations to the court and opposing counsel relating to his status to practice law.

(5) DC 00-283 is a grievance alleging that the respondent neglected a personal injury legal matter of his client Ms. Tuttle-Doremus, that she was unable to locate the respondent, and that the statute of limitations on her claims may have expired.

(6) DC 00-325 is a grievance alleging that after being paid by Malik El Joseph to handle a legal matter the respondent failed to perform the work, and that he would not refund the fee or adequately communicate with the client.

(7) DC 00-326 is a grievance alleging that the respondent engaged in the unauthorized practice of law in the District Court of Tulsa County after being informed that his license to practice law had been suspended by the Oklahoma Supreme Court.

(8) DC 00-429 is a grievance alleging that the respondent was paid a fee by William Thompson to file a bankruptcy, and that respondent did not file the case, did not return the fee, did not return documents needed by the client to retain other counsel, and that the respondent failed to communicate with his client.

(9) DC 00-444 is a grievance alleging that Kelly Richardson delivered funds to the respondent for the specific purpose of forwarding the funds to settle a legal matter, and that the respondent failed to forward the funds to the opposing party resulting in a default judgment against his client.

(10) DC 00-477 is a grievance alleging that client, Joe Kittchell III, paid the respondent $7,500 for legal representation in a civil matter, but the respondent did nothing, and a default judgment has been entered in the case

¶ 5 The resignation states that the respondent is aware that the allegations concerning his conduct, if proven, would constitute violations of the Rules Governing Disciplinary Proceedings, 5 O.S.1991, Ch. 1, App. 1-A (as amended), and the Oklahoma Rules of Professional Conduct, 5 O.S.1991 Ch.1, App. 3-A (as amended), and his oath as a lawyer.

¶ 6 The resignation states that the respondent is aware of the requirements of Rule 9.1, of the Rules Governing Disciplinary Proceedings, and shall comply with that Rule.

¶ 7 The resignation states that the respondent is aware that he may make no application for reinstatement prior to the expiration of five years from the date of the order approving his resignation, and that reinstatement requires compliance with Rule 11 of the Rules Governing Disciplinary Proceedings. See Rule 8.2, Rules Governing Disciplinary Proceedings.

¶ 8 The resignation states that the respondent is aware that the Client Security Fund may receive claims from his former clients, and that he shall pay to the Oklahoma Bar Association, prior to reinstatement, those funds, including principal and interest, expended by the Client Security Fund for claims against him.

¶ 9 The resignation states that the respondent is aware that costs have been incurred by the Oklahoma...