
    2016 OK 31
    STATE of Oklahoma ex rel. OKLAHOMA BAR ASSOCIATION, Complainant, v. Fred Bennett CALLICOAT, Respondent.
    SCBD No. 6359.
    Supreme Court of Oklahoma.
    March 9, 2016.
   ORDER APPROVING - RESIGNATION FROM OKLAHOMA BAR ASSOCIATION - PENDING - DISCIPLINARY PROCEEDINGS - AND - WAIVING COSTS

Upon consideration of Complainant Oklahoma Bar Association's (Bar Association) application for an order approving the Resignation Pending Disciplinary Proceedings executed by Respondent, Fred Bennett Cal-lHeoat, the application reveals:

(1) Respondent, Fred Bennett Cahcoat OBA #18519, was admitted to membership in the Oklahoma Bar Association on January 10, 2000. His official OBA roster address is 10208 S. Oswego Place, Tulsa, OK 74108. On February 25, 2015, Respondent executed a Diversion Program Agreement. On January 30, 2016, he submitted his affidavit regarding resignation from membership in the Bar Association pending investigation of disciplinary proceedings.

(2) Respondent's affidavit of remgnatmn reflects that he desires to resign and: a) it is freely and voluntarily rendered; b) he is not subject to coercion or duress; c) he is fully aware of the consequences of submitting the resignation; and d) he is aware the resignation is subject to the approval of the Supreme Court. He also intends the effective date of the resignation to be the date and time of its execution and will conduct his affairs accordingly.

(8) Respondent's affidavit states he is aware the Oklahoma Bar Association has investigated specific allegations of professmnal misconduct to wit: e

Complaint 1-Brians' Grievance

Kayce R. Brians alleges neglect of the client's adversarial bankruptcy proceeding and a failure to earn the $1,500.00 fee paid to Respondent. Following investigation of this grievance, Respondent executed a. Diversion Program Agreement.

(4) While enrolled in thé Diversion Program, complaints 2-15 were received by the Office of the General Counsel for the Oklahoma Bar Association and were under investigation.

Complamt Grievance

Brenda Lewis alleges that Respondent neglected her bankruptcy case and failed to communicate with her regularly.. During the Bar Association's investigation of this matter, Respondent failed to respond to its requests for information. The investigator and the process server could not locate Respondent until December 1, 2015.

Complaint 3-J ohnson's Grievance

Rochelle Johnson alleges that Respondent neglected and abandoned her bankruptcy case, despite receiving a $1,500.00 fee, and failed to communicate with her regularly. During the Bar Association's investigation of this matter, Respondent failed to respond to its requests for information. The investigator and the process server could not locate Respondent until December 1, 2015.

Complaint 4~Bénhetﬁs Grievance

Michael Bennett alleges that Respondent failed to prepare a contract for the sale of Bennett's land, failed to.earn his retainer, and failed to, communicate with him. The investigator and the process server could not locate Respondent until December 1, 2015.

Complaint 5-Thornton's Grievance

Byrder Maye Thornton alleges that Respondent neglected and abandoned her bank-ruptey case, despite receiving a $1,300.00 fee, and failed to communicate with her regularly. During the Bar Association's investigation of this matter, Respondent failed to respond to its requests for information. The investigator and the process server could not locate Respondent until December 1, 2015.

Complaint 6-Goins' Grievance .

Sean Goins alleges that Respondent neglected and abandoned his bankruptcy case, despite receiving a $1,500.00 fee, and failed to communicate with him regularly. During the Bar. Association's investigation of this matter, Respondent failed to respond to its requests for information. The investigator and the process server could not locate Respondent until December 1, 2015.

Complaint 7-Haddow's Grievance

Andrea Haddox alleges that Respondent neglected - 'and abandoned her bankruptey case, despite receiving a $1,500.00 fee, and failed to communicate with her regularly. Dunng the Bar Association's 1nvest1gat10n of this matter, Respondent failed to respond to its requests for information. The investigator and the process server could not locate Respondent until December 1, 2015.

Complaint 8-Brown's Grievance

John Brown alleges that Respondent neglected and abandoned his civil matter, despite receiving a $1,200.00 fee, and failed to communicate with him regularly. Dunng the Bar Association's investigation of this matter, Respondent failed to respond to its requests for information. The investigator and the process server could not locate Respondent until December 1, 2015.

Complaint 9-Cooper's Grievance

Paul Cooper alleges that Respondent neglected and abandoned his bankriiptey case, despite receiving a $1,800.00 fee, and failed to communicate with him regularly. During the Bar Association's investigation: of this matter, Respondent failed to respond to its requests for information. The investigator and the process server could not locate Respondent until December 1, 2015,

Complaint 10-Capers® Grievance

Shaeina Capers alleges that Respondent neglected and abandoned her bankruptey case, despite receiving a $685.00 fee, and failed to communicate with her regularly,. During the Bar Association's investigation of this matter, Respondent failed to respond to its 1equests for information.

Complaint 11-Barrett's Grievance

Jeanie Barrett alleges that Respondent ne-_ glected and abandoned her small claims case, despite receiving a $800.00 fee, and failed to communicate with her regularly, During the Bar Association's investigation of this matter, Respondent failed to respond to its requests for information.

Complaint 12-Tran is Grievance

Son Tran alleges that Respondent neglected and abandoned the client's bankruptcy case and appeal of the civil judgment, despite receiving a $4,900.00 fee, and failed to communicate with her regularly. The Bar Association has not completed its investigation of this matter. -

Complaini Grievance

Ester Czubkowski alleges that Respondent neglected and abandoned her case, despite receiving a $1,500.00 fee, and failed to communicate with her regularly. The Bar Association has not completed its investigation of this matter, -

«Complaint 14-Martin's Grievance

Charles Martin alleges that Respondent neglected and abandoned his bankruptcy case, despite receiving a $1,800.00 fee, and failed to communicate with him regularly. The Bar Association has not completed its investigation of this matter.

Complaint 15-Williams' Grievance

Amie Williams alleges that Respondent neglected and abandoned her bankruptcy case, despite receiving a $1,600.00 fee, and failed to communicate with her regularly The Bar Association has not completed its investigation of this matter. '

(5) Respondent is aware that the allegations against him would constitute violations of the Rules Governing Disciplinary Proceedings (RGDP), the Oklahoma Rules of Professional Conduct, and his oath as an attorney.

(6) Respondent waives any and all rights to contest the allegations.

(7) Respondent is aware that, pursuant to Rule 8.1, RGDP, either the approval or disapproval of his resignation is within the discretion of the Supreme Court of Oklahoma,.

(8) Respondent has agreed to comply with all provisions of Rule 9.1, RGDP, within twenty (20) days followmg the date of hlS resignation. >

(9) Respondent acknowledges and agrees that he may be reinstated to the practice of law only upon full compliance with the conditions and procedures prescribed by Rule 11, RGDP, and that he may make no application for reinstatement prior to the expiration of five years from the effective date of this Order Approving Resignation Pending Disciplinary Proceedings.

(10) Respondent acknowledges that, as a result of his conduct, the Client, Security Fund may receive claims from his former clients. He agrees that should the Oklahoma Bar Association approve and pay such Client Security Fund claims, he will reimburse the fund the principal amounts and the applicable statutory interest prior to the filing of any application for reinstatement.

(11) Respondent has surrendered his Bar membership card to the Office of the General Counsel Wlth his res1gnat1on

(12) Respondent acknowledges and agrees to cooperate with the Office of the General Counsel in the task of identifying any active client cases wherein documents and files need to be returned or forwarded to new counsel, and in any client case where fees or refunds are owed by Respondent.

(13) Respondent acknowledges that the OBA has incurred minimal costs in its investigation of the disciplinary complaints and the OBA is not seeking the reimbursement of any costs at this time.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the name of Fred Bennett Callicoat be stricken from the roll of attorneys,. Since resignation pending disciplinary proceedings is tantamount to disbarment, Respondent Callicoat may not make application for reinstatement prior to the expiration of five years from the effective date 'of this order. Pursuant to Rule 9.1, Respondent shall notify all of his clients having legal business pending with him of his inability to represent them and of the necessity for promptly retaining new counsel. Notification shall be given to these clients within twenty days by certified mail. Repayment to the Client Security Fund for any money expended because of the malfeasance or nonfeasance of the attorney shall be one of the conditions of reinstatement. °

IT IS FURTHER ORDERED ADJUDGED, AND DECREED that the resignation pending d1smplmary proceedings , of Respondent Fred Bennett Calicoat is hereby approved. Costs of the proceeding are waived. f ~ ‘

ALL JUSTICES concur."  