STATE EX REL. OKLAHOMA BAR ASS'N v. Pate, SCBD 4441.

• Decision Date: 11 May 1999
• Docket Number: No. SCBD 4441.,SCBD 4441.
• Parties: STATE of Oklahoma ex rel. OKLAHOMA BAR ASSOCIATION, Complainant, v. W.E. Pat PATE, II, Respondent.
• Court: Oklahoma Supreme Court

983 P.2d 1015

1999 OK 42

1999 OK 42

STATE of Oklahoma ex rel. OKLAHOMA BAR ASSOCIATION, Complainant, v. W.E. Pat PATE, II, Respondent.

No. SCBD 4441.

Supreme Court of Oklahoma.

May 11, 1999.

¶ 0 Order Approving Resignation From Oklahoma Bar Association 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, W.E. Pat Pate, II (Pate/attorney), pending disciplinary proceedings, the application reveals:

1) On April 30, 1999, the respondent submitted his written affidavit of resignation from membership in the Bar Association pending investigation of a disciplinary proceeding.

2) 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. The respondent states that although he is aware that the resignation is subject to the approval of the Oklahoma Supreme Court, he will treat it as effective on the date of filing.

3) The respondent states in his affidavit of resignation that he is aware of multiple grievances filed against him with the Office of the General Counsel of the Oklahoma Bar Association. The grievances allege that the respondent: a) received client funds to be applied to fines and costs which were not used for that purpose and which in one instance resulted in the arrest of a client; b) misused trust account funds intended for payment of funeral expenses resulting in a suit against his client; c) neglected his duties and made misrepresentations in a bankruptcy matter; d) neglected duties and failed to communicate while charging excessive fees in domestic matters; and e) issued insufficient fund checks for personal purposes which were drawn on client trust accounts. Rules 1.3 and 1.4, Rules Governing Disciplinary Proceedings, 5 O.S. 1991, Ch. 1, App. 1-A; Rules 1.1, 1.2, 1.3, 1.4, 1.5, 1.15, 1.16, and 8.4 Rules of Professional Conduct, 5 O.S.1991 Ch.1, App. 3-A.

4) The respondent waives any and all right to contest the allegations outlined in the affidavit.

5) The respondent's resignation pending disciplinary proceedings is in compliance with all of the requirements set forth in Rule 8.1, Rules Governing Disciplinary Proceedings, 5 O.S.1991, Ch. 1, App. 1-A, and it should be approved.

6) The official roster address of the respondent as shown by the Bar

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