STATE ex rel. OKLAHOMA BAR ASSOCIATION v. JACKSON

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STATE ex rel. OKLAHOMA BAR ASSOCIATION v. JACKSON
2013 OK 12
Case Number: OBAD-1950
Decided: 02/25/2013

THE SUPREME COURT OF THE STATE OF OKLAHOMA

NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL.

STATE OF OKLAHOMA ex rel., Oklahoma Bar Association, Complainant,
v.
MICHAEL WAYNE JACKSON, Respondent.

ORDER APPROVING RESIGNATION
FROM OKLAHOMA BAR ASSOCIATION
PENDING DISCIPLINARY PROCEEDINGS

¶1 Before this Court is an affidavit filed by Michael Wayne Jackson in the above-styled bar disciplinary action, pursuant to Rule 8.1, Rules Governing Disciplinary Proceedings (RGDP), 5 O.S. 2011, Ch. 1, App. 1-A, requesting that he be allowed to resign his membership in the Oklahoma Bar Association and relinquish his right to practice law. Additionally Complainant's Application for Order Approving Resignation Pending Disciplinary Proceedings has been submitted.

¶2 UPON CONSIDERATION OF THE MATTER WE FIND:

1. Respondent Michael Wayne Jackson executed his resignation pending disciplinary proceedings on February 14 2013.

2. Respondent's resignation was freely and voluntarily tendered; he was not acting under coercion or duress and he was fully aware of the consequences of submitting his resignation. At the time the resignation was executed, Respondent was represented by counsel.

3. Respondent is aware of a verified complaint filed against him and pending with Oklahoma Supreme Court and he violated the Oklahoma Rules of Professional Conduct 1.3, 1.4, 1.5, 1.15, and 8.4(a)(b) and (c) Oklahoma Rules of Professional Conduct 5 O.S. ch. 1 app. 3-A (ORPC) and Rule 1.3 and 5.2 RGDP as well as his oath as an attorney. 5 O.S. ch. 1 app. 3-A (ORPC), and facially demonstrates his unfitness to practice law. Jackson represented a client (Cannon) in a wrongful death action. The matter was settled and on August 30, 2006, the District Court entered an order authorizing the Respondent to sign the clients name to the settlement check. The District Court ordered the settlement funds, ($350,000) to be deposited in the Respondents trust account. The District Court additionally authorized the Respondent to withdraw his contingency fee ($175,000) from Respondents trust account. Respondent failed to notify his client of the receipt of the settlement funds and failed to promptly deliver the settlement funds to his client. Between November 2010 and September 2012, Respondent made installment payments to his client totaling approximately $62,750.00. Thereafter client was unable to contact Respondent concerning the balance of the funds owed to her. Client filed a grievance with the office of the General Counsel on September 21, 2012.

4. Respondent is aware that the burden of proof rests upon the Oklahoma Bar Association and he waives any and all right to contest the allegations. He acknowledges that the allegations set forth in the Complaint concerning his conduct once established, would constitute proof that he violated rules 1.3, 1.4, 1.5, 1.15, and 8.4(a)(b) and (c) Oklahoma Rules of Professional Conduct 5 O.S. ch. 1 app. 3-A (ORPC) and Rule 1.3 and 5.2 RGDP as well as his oath as an attorney.

5. Respondent acknowledges that he may be reinstated to practice law only upon compliance with the conditions and procedures prescribed by Rule 11, RGDP. He further agrees to make no application for reinstatement prior to the expiration of five (5) years from the effective date of this Order.

6. Respondent acknowledges that as a result of his conduct the Client Security Fund may receive claims from his former clients.

7. Respondent has agreed to reimburse the Client Security Fund the principal amounts and applicable statutory interest for any claims the Oklahoma Bar Association should approve, with the payments being made prior to the filing of any application for reinstatement.

8. Respondent agrees to cooperate with the Office of the General Counsel in identifying any active client cases wherein documents and files need to be returned or forwarded to new counsel and in any client case where fees or refunds are owed by him.

9. Respondent acknowledges the Oklahoma Bar Association may have incurred minimal costs but the Association is recommending those costs be waived.

10. Respondent admits he has lost his Oklahoma Bar Association membership card and agrees to search for the card and tender it to the Office of the General Counsel when it has been recovered.

11. Respondent acknowledges he has had the opportunity to seek and obtain legal counsel in this matter and further acknowledges he has had the advice and counsel of his attorney of record in the preparation and execution of his Affidavit Regarding Resignation Pending Disciplinary Proceedings.

12. The resignation pending disciplinary proceedings executed by Respondent is in compliance with Rule 8.1, RGDP.

13. Respondent's name and address appear on the official roster maintained by the Oklahoma Bar Association as: Michael Wayne Jackson, OBA #4590, c/o Sterling House of Edmond 1500 North Santa Fe Avenue, Edmond, Oklahoma 73003.

14. Respondent's resignation should be approved.

¶3 IT IS THEREFORE ORDERED THAT Complainant's application and Respondent's resignation be approved.

¶4 IT IS FURTHER ORDERED THAT Respondent's name be stricken from the Roll of Attorneys, and that he make no application for reinstatement to membership in the Oklahoma Bar Association prior to the lapse of five years from the date of this order.

¶5 IT IS FURTHER ORDERED THAT Respondent comply with Rule 9.1, RGDP.

¶6 IT IS FURTHER ORDERED THAT Any and all investigation costs incurred by the Complainant are waived.

¶7 DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE

THIS 25 DAY OF FEBRUARY 2013.

/S/CHIEF JUSTICE

All Justices Concur

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