IN THE MATTER OF THE REINSTATEMENT OF COATS

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IN THE MATTER OF THE REINSTATEMENT OF COATS
2013 OK 3
Case Number: SCBD-5894
Decided: 01/14/2013

THE SUPREME COURT OF THE STATE OF OKLAHOMA

FOR PUBLICATION IN OBJ ONLY. NOT RELEASED FOR OFFICIAL PUBLICATION.

IN THE MATTER OF THE REINSTATEMENT OF: KIMBERLY FLANERY COATS, TO MEMBERSHIP IN THE OKLAHOMA BAR ASSOCIATION AND TO THE ROLL OF ATTORNEYS

IN THE MATTER OF THE REINSTATEMENT OF KIMBERLY FLANERY COATS
ORDER

¶1 The petitioner, Kimberly Flanery Coats, was admitted to the Oklahoma Bar Association on April 26, 1991, after graduation from Oklahoma City University School of Law and upon successful completion of the Oklahoma Bar Examination.

¶2 Petitioner resided in and practiced law in Oklahoma from April, 1991, until April, 1996.

¶3 In April, 1996, Petitioner moved to Fayetteville, Arkansas. Petitioner became a member of the state bar of Arkansas on June 8, 1996, after the successful completion of the bar exam of the state of Arkansas. She is currently a member in good standing with the state bar of Arkansas.

¶4 Petitioner was stricken from the roll of attorneys of the Oklahoma Bar Association (OBA) on or about September 8, 2003, for non-payment of dues. On July 2, 2012, she filed her Petition for Reinstatement as a member of the OBA. A hearing was held before the Professional Responsibility Tribunal (PRT) on October 1, 2012. The Tribunal recommended that Petitioner be reinstated.

¶5 The Joint Motion for Waiver of Briefs filed November 9, 2012, is granted.

¶6 This Court agrees with the PRT's finding that Petitioner has complied with the requirements of Rule 11.1.

¶7 Upon consideration of the matter, and in accordance with Rule 11.5, Rules Governing Disciplinary Proceedings, 5 O.S. 2011, Ch. 1, App. 1-A, we find the record shows by clear and convincing evidence the following:

1. Petitioner became a member of the faculty at the University of Arkansas School of Law in Fayetteville, Arkansas, in August, 1996, where she taught legal research and writing and other related classes, until May, 2011.

2. Petitioner did not represent clients in the practice of law in Arkansas or Oklahoma from 1996 to June, 2012.

3. From May, 2011, until June, 2012, Petitioner worked for attorneys in Arkansas on a contract basis, writing briefs and other documents for their clients. On January 23, 2012, Petitioner formed a company for this purpose, Legal Writing Resource, PLLC, of which she is the sole member. She did not represent clients while engaged in this work.

4. On June 21, 2012, Petitioner accepted an offer to join the San Francisco-based law firm of Littler, Mendelson, Inc., in its northwest Arkansas office.

5. Petitioner testified she maintained competency and learning in the law through her position as faculty member at the University of Arkansas School of Law, as well as through the legal research and writing projects performed on a contract basis for other Arkansas lawyers. She also testified she had looked at some of the recent Oklahoma Bar Journals which were sent to her husband, a current OBA member in good standing.

6. Petitioner completed 12.5 hours of continuing legal education, including one hour of legal ethics, in Oklahoma to meet the requirements of the Mandatory Continuing Legal Education (MCLE) for licensed Oklahoma lawyers. Beverly Petree, the OBA MCLE Director, testified that Petitioner met the requirements for 2012. The supporting documentation of the course work Petitioner completed was also attached to her Petition for Reinstatement.

7. Petitioner paid $900.00, the amount required by the OBA, for past due Oklahoma bar dues and fees for the years 2003 and 2004.

8. Petitioner testified she has never been disciplined by the OBA or any tribunal since becoming licensed.

9. At the time her name was stricken from the roll of attorneys in 2003, she had no Oklahoma clients, and there were no disciplinary proceedings pending against her in Oklahoma.

10. Witnesses testified as to Petitioner's high moral character, her work ethic and her complete compliance with the requirement that she not engage in the unauthorized practice of law in Oklahoma. The testimony included her time as a law professor, the interim period while engaged in her brief writing business, and her current position as an attorney "of Counsel" to Littler, Mendelson, Inc. In each case, the testimony established her ethical conduct and her compliance with Rule 11.5, RGDP.

11. Pursuant to Rule 11.1(c), RGDP, the OBA has filed an Application to Assess Costs in the amount of $728.34, for reimbursement of the authorized expenses incurred in its investigation and processing of this proceeding. Petitioner has filed no objection to this application, and she is ordered to pay the costs requested within thirty (30) days of the date of this order.

¶8 IT IS THEREFORE ORDERED that Petitioner, Kimberly Flanery Coats, is reinstated to membership in the Oklahoma Bar Association and that her name be reinstated to the Roll of Attorneys licensed to practice law in the State of Oklahoma. Petitioner shall pay costs of $728.34 within thirty (30) days of the date of this order.

¶9 IT IS ALSO ORDERED that Petitioner is responsible for paying membership dues to the Oklahoma Bar Association for the current year.

DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE THIS 14th DAY OF JANUARY, 2013.

/S/CHIEF JUSTICE

ALL JUSTICES CONCUR

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