IN THE MATTER OF THE REINSTATEMENT OF CROSS

IN THE MATTER OF THE REINSTATEMENT OF CROSS
2002 OK 43
51 P.3d 1201
Case Number: SCBD-4630
Decided: 05/21/2002

THE SUPREME COURT OF THE STATE OF OKLAHOMA

IN THE MATTER OF THE REINSTATEMENT OF TOM L. CROSS TO MEMBERSHIP IN THE OKLAHOMA BAR ASSOCIATION AND IN THE ROLL OF ATTORNEYS.

[51 P.3d 1201]

¶0 ORDER OF REINSTATEMENT TO OKLAHOMA BAR ASSOCIATION
AND ROLL OF ATTORNEYS

¶1 Petitioner, Tom L. Cross, was suspended from the practice of law for a period of eighteen (18) months by this Court on December 17, 1996. State ex rel. Oklahoma Bar Association v. Cross,

¶2 In 1997 Petitioner admitted that he violated Rule 1.8(a) and (b) of the Oklahoma Rules of Professional Conduct, 5 O.S.1991, Ch. 1, App. 3-A, when he borrowed money from a client without filing any documents to secure the client's interest and without advising the client to seek independent legal counsel to represent her in the transaction. State ex rel. Oklahoma Bar Association v. Cross, supra. Petitioner's suspension for eighteen (18) months would not, by itself, ordinarily require a Rule 11 reinstatement proceeding before a Trial Panel of the Professional Responsibility Tribunal. See 5 O.S.2001 Ch. 1, App. 1-A, Rule 11.8, Rules Governing Disciplinary Proceedings. However, a trial panel proceeding is required when a lawyer's name is stricken from the Roll of Attorneys for nonpayment of dues. 5 O.S.2001 Ch. 1, App.1, Art. 8 § 5; 5 O.S.2001 Ch. 1, App. 1-A, Rule 11.1. See Matter of Reinstatement of Phillips,

¶3 Rule 11.5 requires the Trial Panel to make findings as to (1) the good moral character of the applicant, (2) whether the applicant engaged in the unauthorized practice of law and (3) whether the applicant possesses the competency and learning in the law required for admission. Matter of McConnel,

1. That Petitioner has not engaged in the practice of law in Oklahoma or any other state after his suspension by this Court.

2. That Petitioner completed 62.5 hours of continuing legal education in 1999 and 2001, and has kept himself informed on current developments of the law by reading the Oklahoma Bar Journal.

3. That Petitioner, if reinstated, will return to practicing law and will affiliate with a friend who practices law in Oklahoma.

4. That Petitioner called several witnesses to testify on his moral character, including friends, former co-worker and supervisor, a former client, and a lawyer.

Since 1999 Petitioner has also worked as a research assistant for a lawyer. The Trial Panel concluded that Petitioner had [51 P.3d 1202] established, by clear and convincing evidence, the requirements necessary for reinstatement.

¶4 In reinstatement proceedings, this Court sits in exercise of its exclusive original jurisdiction, and we use a de novo review of the record before us. Matter of Reinstatement of McKenzie,

¶5 In State ex rel. Oklahoma Bar Association v. Cross,

¶6 In Matter of Reinstatement of Phillips,

¶7 We conclude that Petitioner has met his burden for reinstatement except as to showing payment of costs in S.C.B.D. No. 4162, and the amount of Bar Association dues he has paid, or will pay upon reinstatement. The Application to Assess Costs by the Bar Association in this proceeding is hereby granted. Rule 11.1. It is hereby ordered that Petitioner shall pay the amount of three-hundred and nineteen dollars and fifty-one cents ($319.51) to the Bar Association.

¶8 It is hereby ordered that, if not already paid, prior to reinstatement Petitioner shall pay the costs assessed in S.C.B.D. 4162. It is hereby ordered that, if not already paid, prior to reinstatement Petitioner shall pay the amount of his delinquent and current Bar Association dues to the Bar Association. Upon Petitioner's payment of the costs in S.C.B.D. No. 4162, the costs assessed herein, and delinquent and current dues required herein, the Executive Director of the Oklahoma Bar Association shall file in this proceeding a Notification that Petitioner has satisfied payment of costs and dues required by this Order. Phillips,

¶9 DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE THIS 20th DAY OF MAY, 2002. [51 P.3d 1204]

S/ CHIEF JUSTICE