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State ex rel Oklahoma Bar Association v. Malloy

11/20/2001

ered any economic loss as a result of Malloy's failure to adequately explain to them the terms of the fee arrangement, nor did Malloy's clients in the matters giving rise to his two private reprimands. Further, Malloy has acted responsibly in this matter, fully explaining his conduct and accepting responsibility for his failings.


In circumstances where, as here, a lawyer has violated the Oklahoma Rules of Professional Conduct but has been guilty of no acts that have harmed his clients we have held that public censure is appropriate punishment. See State ex rel. Oklahoma Bar Association v. Borders, 1989 OK 101, 777 P.2d 929; State ex rel. Oklahoma Bar Association v. Blackburn, 1991 OK 35, 812 P.2d 379; and the cases cited in note 4 of Blackburn.


Our de novo review of this matter convinces us that public censure and the imposition of costs in the amount of $574.80 as a precondition to Malloy's continued practice of law, as recommended by the trial panel, is the appropriate punishment here.


RESPONDENT PUBLICLY CENSURED AND ORDERED TO PAY THE COSTS OF THE PROCEEDING


HARGRAVE, C.J., WATT, V.C.J., HODGES, LAVENDER, KAUGER, SUMMERS, and WINCHESTER, JJ. - concur.


OPALA, J. - dissents.


BOUDREAU, J. - disqualified.






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