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Sec. 10.4. Inquiry as to Personal Incapacity to Practice Law, Incidental to Disciplinary Procee...

Oklahoma Statutes AnnotatedTitle 5. Attorneys and State Bar

Oklahoma Statutes Annotated
Title 5. Attorneys and State Bar
Chapter 1.--Appendix 1-a. Rules Governing Disciplinary Proceedings (Refs & Annos)
Rule 10. Suspension for Personal Incapacity to Practice Law
T. 5, Ch. 1, App. 1-A, Sec. 10.4
Sec. 10.4. Inquiry as to Personal Incapacity to Practice Law, Incidental to Disciplinary Proceedings
Whenever in a disciplinary proceeding brought under these rules, the respondent interposes present mental incompetence as a ground for abating the proceeding, the Trial Panel of the Professional Responsibility Tribunal shall determine whether the respondent is mentally incapable to defend or to assist his counsel in defending against the charges. If it finds that the respondent is mentally incapable so to defend or to assist in defending, but that the condition is temporary, the Trial Panel may recommend that the disciplinary proceeding be continued until the condition is terminated, and that, until such termination, the lawyer be suspended from the practice of law on the ground of such personal incapacity. When the cessation of such condition is made known to the Professional Responsibility Commission, it shall call it to the attention of the Professional Responsibility Tribunal with a request to proceed with the disciplinary proceeding. If the Trial Panel finds that the respondent's mental incapability is permanent or probably permanent, it shall proceed as if the respondent specifically had been alleged to be personally incapable of practicing law.

Credits

Adopted February 23, 1981, effective July 1, 1981.
Disciplinary Proceedings, Sec. 10.4, 5 O. S. A. Ch. 1, App. 1-A, OK ST DISC P Sec. 10.4
Current with amendments received through April 15, 2024. Some rules may be more current, see credits for details.
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