STATE ex. rel. OKLAHOMA BAR ASSN. v. DICK

STATE ex. rel. OKLAHOMA BAR ASSN. v. DICK
2001 OK 14
19 P.3d 287
72 OBJ 560
Case Number: SCBD-4579
Decided: 02/06/2001

STATE OF OKLAHOMA ex rel. OKLAHOMA BAR ASSOCIATION, Complainant
v.
DAVID RANDALL DICK, Respondent

ORDER

¶0 Upon consideration of (1) Respondent's affidavit, prepared in compliance with Rule 8.1, Rules Governing Disciplinary Proceedings, 5 O.S. 1991, Ch. 1, App. 1-A, in which Respondent requests he be allowed to resign his membership in the Oklahoma Bar Association and relinquish his right to practice law and (2) Complainant's, Oklahoma Bar Association, request that we approve Respondent's resignation,

THE COURT FINDS AS FOLLOWS:

Those allegations are:

DC 00-350 Respondent failed to appear for scheduled court proceedings in Oklahoma City Municipal Court for clients who had retained his services.

DC 00-399 Respondent while representing Penny Norwakowski in a domestic matter engaged in neglect, delay, misrepresentation and fraud.

DC 00-400 Respondent while representing Jeffie Ann Hickey failed to perform the legal work for which he was paid, failed to communicate with the client throughout the course of the representation, and failed to refund the fee when requested to do so.

[19 P.3d 288]

DC 00-424 Respondent neglected Carla McCool's personal injury case: 1) Respondent was unavailable when McCool repeatedly tried to locate him; 2) Respondent did not return her file once he was terminated as her attorney; and 3) McCool's case was dismissed as a result of Respondent's client neglect.

DC 00-425 Respondent was retained by Michael Tinsley in a criminal matter and failed to appear at court proceedings on behalf of Tinsley and did not communicate with him.

DC 00-426 Respondent was paid $2000 by client, Jada Miller, in a child custody case and then failed to appear at the scheduled hearings. Miller also complained Respondent failed to communicate with her and disappeared when she attempted to locate him.

In addition, the Oklahoma Bar Association has previously filed an Application for an Order of Emergency Interim Suspension, requesting the Supreme Court immediately suspend Respondent's license to practice law because of the allegations contained within SCBD # 4579.

¶1 THE COURT THEREFORE ORDERS that the resignation of David Randall Dick tendered during the pendency of disciplinary proceedings is approved; the Respondent's name is stricken from the roll of attorneys and he may not apply for reinstatement of his license to practice law and membership in the Oklahoma Bar Association prior to the expiration of five (5) years from the effective date of this order; repayment to the Client Security Fund for any money disbursed due to Respondent's conduct is a condition of reinstatement; further, Respondent must comply with Rule 9.1 of the Rules Governing Disciplinary Proceedings; Complainant's waiver of costs associated with this proceeding is approved.

¶2 DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE THIS 6th DAY OF FEBRUARY, 2001.

¶3 CHIEF JUSTICE HARGRAVE

¶4 ALL JUSTICES CONCUR.