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Sec. 11.4. Standard of Proof for Petitions for Reinstatement

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 11. Reinstatement
T. 5, Ch. 1, App. 1-A, Sec. 11.4
Sec. 11.4. Standard of Proof for Petitions for Reinstatement
An applicant for reinstatement must establish affirmatively that, if readmitted or if the suspension from practice is removed, the applicant's conduct will conform to the high standards required of a member of the Bar. The severity of the original offense and the circumstances surrounding it shall be considered in evaluating an application for reinstatement. The burden of proof, by clear and convincing evidence, in all such reinstatement proceedings shall be on the applicant. An applicant seeking such reinstatement will be required to present stronger proof of qualifications than one seeking admission for the first time. The proof presented must be sufficient to overcome the Supreme Court's former judgment adverse to the applicant. Feelings of sympathy toward the applicant must be disregarded. If applicable, restitution, or the lack thereof, by the applicant to an injured party will be taken into consideration by the Trial Panel on an application for reinstatement. Further, if applicable, the Trial Panel shall satisfy itself that the applicant complied with Rule 9.1 of these Rules.

Credits

Adopted February 23, 1981, effective July 1, 1981.
Disciplinary Proceedings, Sec. 11.4, 5 O. S. A. Ch. 1, App. 1-A, OK ST DISC P Sec. 11.4
Current with amendments received through April 15, 2024. Some rules may be more current, see credits for details.
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