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In re Reinstatement of Bradley9/14/1993
vidence supports this finding. As the trial panel noted, the evidence demonstrates that the applicant was careful to avoid practicing law.
We now examine whether the applicant possesses the competency and learning in the law required for admission to practice law. The applicant testified that he actively read the Oklahoma Bar Journal for the first two years of his disbarment. Since that time, he claims to have occasionally read the Oklahoma Bar Journal and visited the law library, and to have viewed several law-related television programs. We find such evidence insufficient to demonstrate that the applicant currently possesses competent legal skills.
Finally, the record reveals that the applicant never complied with Disciplinary Proceeding Rule 9.1. We recognize that the applicant was incarcerated at the time of his disbarment and likely could not have notified his clients within twenty days of his inability to represent them further. The applicant claims to have notified all of his clients of his inability to practice law within a few months after his release from jail. However, the applicant never attempted to comply with Rule 9.1's mandate that he file an affidavit with the Commission and with the Clerk of this Court stating that he complied or at least attempted to comply with this Rule, nor did he forward a list of the clients so notified and a list of the courts and agencies before which he was admitted to practice. The applicant has failed to show proof of substantial compliance with this Rule, which is a condition precedent to reinstatement.
On the basis of the foregoing, we find that the applicant has not met his burden of proving by clear and convincing evidence that his future conduct will conform to the high standards required of a member of the Bar. Considering the severity of the original offenses, the applicant's failure to make, or attempt to make, restitution to the beneficiaries of the trust, his de minimis attempts to remain current in the law, his failure to comply with Rule 9.1, and the uncertainty of the applicant's tax obligations, we conclude that the applicant has failed to present stronger proof of qualifications than one seeking admission to the Bar for the first time. The evidence is insufficient to overcome this Court's previous order of disbarment.
It is therefore the order of this Court that the applicant's petition for reinstatement be DENIED. It is further ordered that the applicant pay the costs associated with these proceedings in the amount of $1,730.83 within 90 days of the date this opinion becomes final.
HODGES, C.J., LAVENDER, V.C.J., and HARGRAVE, OPALA, WILSON, KAUGER and SUMMERS, JJ., concur.
SIMMS, J., disqualified.
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