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State ex rel. Oklahoma Bar Ass'n v. Wolfe6/15/1993
The opinion of the court was delivered by: WATT, Justice.
The OBA filed a complaint against Wolfe on October 22, 1992. The complaint, consisting of six counts, followed the filing of grievances against Wolfe by four clients: Wilmer Daniels, Mavis Compton, Maggie Williams, and Bob and Sheila Wolf. The OBA alleged that Wolfe had failed to keep clients informed, had failed to adequately protect their interests in court proceedings, and had not cooperated with the OBA's investigation of the grievances.
A trial panel of the Professional Responsibility Tribunal heard the matter on December 1, 1992. The parties stipulated to the facts. Wilmer Daniels, Wolfe, and an OBA investigator testified at the hearing.
FACTS AND PROCEDURAL HISTORY
Counts I and II (Wilmer Daniels)
Count I related to Wolfe's inadequate representation of Daniels. Count II dealt with Wolfe's failure to timely respond to the OBA's notices.
Wolfe represented Daniels in a federal court action against Daniels's former employer, Sears, Roebuck & Co., for employment discrimination. Sears filed a motion for summary judgment to which Wolfe did not respond. Forty-three days after Sears filed its motion, October 13, 1988, the federal court granted Sears's motion based on Daniels's failure to file anything to controvert the truthfulness of the facts Sears alleged. On October 26, 1988, the federal court entered judgment. On November 7, 1988, twelve days after the federal court entered judgment, Wolfe filed a motion to alter or amend the judgment. Wolfe's motion was based on his claim that when the court ruled on Sears's motion "Plaintiff ['s] response and brief were nearly completed . . ." The federal court denied the motion to alter or amend. On February 16, 1989 Wolfe filed for Daniels a notice of Daniels's intention to appeal to the U.S. Court of Appeals for the Tenth Circuit. On May 22, 1989, the Tenth Circuit dismissed the appeal for lack of prosecution.
The OBA gave notice to Wolfe of Daniels's grievance on August 7, 1991. Wolfe obtained an extension of time to file his response to September 9, 1991, but filed nothing on that date. Wolfe failed to respond to the OBA's second written request dated September 18, 1991. Wolfe finally filed a response to Daniels's grievance on October 14, 1991, after the Professional Responsibility Commission had served Wolfe with a deposition subpoena. Wolfe admitted all the factual allegations but denied his failure to timely file a response to Sears's motion for summary judgment violated the Rules of Professional Conduct.
Count III (Mavis Compton)
Mavis Compton filed a grievance against Wolfe on August 20, 1991. On August 21, 1991, the OBA mailed notice of the grievance to Wolfe and told him of his obligation to respond within ninety days. Wolfe failed to respond to the OBA's notice. The OBA sent a second notice, but Wolfe failed to respond to it. The Professional Responsibility Tribunal issued a subpoena directing Wolfe to give his deposition on October 14, 1991. On October 13, Wolfe obtained an agreement from the OBA to set Wolfe's deposition for a later date in return for Wolfe's agreement to file a written response to Mavis Compton's grievance which Wolfe filed October 14.
The Professional Responsibility Commission decided to dismiss Mavis Compton's grievance against Wolfe. The OBA's allegations against Wolfe, therefore, dealt with Wolfe's failure to respond to their inquiries in a timely manner, not with his representation of Mavis Compton.
Count IV (Maggie Williams)
Maggie Williams did not
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