Legal Opinion · Dissent

State ex rel. Oklahoma Bar Ass'n v. Krug

Supreme Court of Oklahoma

Decided April 13, 2004No. SCBD 4733Published

1Dissent

OPALA V.C.J.,

with whom WINCHESTER, J., joins, dissenting.

T1 Respondent's exoneration of ' disciplinary breach charged in both counts is plainly erroncous. Firstly, a lawyer's intent is wholly irrelevant in an inquiry to determine if there was a violation of ORPC 3.3(a)(1)).1 The court's reliance on "intent" is *78henee misplaced.2 Secondly, there is clear and convineing evidence 3 to support respondent's breach of Oklahoma Rules of Professional Conduct and of Rules Governing Disciplinary Proceedings.4 Thirdly, the court's act of relieving respondent of the binding effect of her stipulation is,…

2Cases cited7 opinions

  1. State Ex Rel. Oklahoma Bar Ass'n. v. JohnstonSupreme Court of Oklahoma · 1993
  2. Jones v. StateCourt of Criminal Appeals of Oklahoma · 1982
  3. State Ex Rel. Oklahoma Bar Ass'n v. LivsheeSupreme Court of Oklahoma · 1994
  4. Bonner v. Oklahoma Rock Corp.Supreme Court of Oklahoma · 1993
  5. Jones v. LeeNew Mexico Court of Appeals · 1998

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