Background
W.E. Pat Pate sought to resign from the Oklahoma Bar Association while disciplinary proceedings were pending. The court denied his initial request in April 2025 because it lacked sufficient specificity about the alleged misconduct. In June 2026, Pate submitted an amended affidavit acknowledging the allegations, waiving the right to contest them, and accepting responsibility.
The Oklahoma Bar Association’s investigations concerned allegations that Pate neglected client matters, failed to communicate, failed to file promised bankruptcy petitions, retained unearned fees, mishandled client funds, overdrafted his IOLTA account, and repeatedly failed to cooperate with disciplinary investigations. He also did not attend a subpoenaed deposition. Pate had separately been stricken from the Roll of Attorneys in June 2025 for noncompliance with bar-dues and CLE requirements.
The Court’s Holding
The Oklahoma Supreme Court granted the Bar Association’s application and accepted Pate’s amended resignation pending disciplinary proceedings. His relinquishment of the right to practice law became effective on the date he executed the amended affidavit.
The court ordered Pate to comply with Rule 9.1 of the Rules Governing Disciplinary Proceedings, which addresses post-discipline duties. It also barred him from seeking reinstatement to the Oklahoma Bar Association for five years and assessed $240.86 in investigatory costs, payable within 90 days.
Key Takeaways
- The court accepted Pate’s resignation pending discipline after his amended affidavit specifically acknowledged the misconduct allegations.
- Pate waived any right to contest the allegations but may seek reinstatement only after five years and compliance with Rule 11 procedures.
- Pate must comply with client-notification and file-return obligations and pay $240.86 in costs.
Why It Matters
The order shows that an Oklahoma lawyer seeking to resign while disciplinary proceedings are pending must provide a sufficiently specific acknowledgment of the alleged misconduct. A resignation pending discipline ends the lawyer’s current authority to practice but carries substantial reinstatement conditions and does not erase client-protection obligations.