On Tuesday, September 13, 2022, the Supreme Court of the State of Oklahoma ruled on the reciprocal discipline proceeding instituted by the Oklahoma Bar Association against Pensacola attorney David Luther Woodward for allegations of misconduct.
The case, titled State of Oklahoma ex rel. Oklahoma Bar Association v. David Luther Woodward was brought by the Oklahoma Bar Association. Case #SCBD No. 7629.
The charges cited Woodward’s violation of Rule 1.3, 1.4, 3.2, 8.4(a), and 8.4(d) of the Oklahoma Rules of Professional Conduct; and 1.3, 5.2, and 7.7 of the Oklahoma Rules Governing Disciplinary Procedures.
Summary of the Facts and Procedural History of the disciplinary case filed by the Florida Bar against Woodward in Florida goes:
Woodward was retained by Reverend Barbara Simmons in a partition case in Escambia County, Florida. Simmons paid Woodward a total of $1,250.00 in two installments to represent a retainer fee. Woodward entered his appearance in the case, sought leave to amend the pro se complaint, and later requested a new trial date, which were granted. Woodward neglected to notify Simmons and her siblings of the rescheduled date for trial proceedings. Woodward also failed to reply to any of the clients’ communication regarding the case. On September 25, 2019, neither Woodward nor his client appeared for the trial.
The judge issued two Orders on September 25, 2019, and October 4, 2019, respectively, both directing Woodward to show cause and answer whether his clients’ case be dismissed without prejudice; and whether Woodward and/or his clients should be sanctioned. Woodward failed to respond to both the judge’s orders and he also failed to deliver said orders to his clients. However, he requested to appear before the court to provide a verbal response. On October 10, 2019, Woodward explained his nonappearance at trial and noncompliance with the cause orders.
On October 11, 2019, the trial court judge dismissed the case without prejudice, because of this, Simmons and her siblings were forced to retain a different attorney, who filed a new partition action on their behalf.
On November 2019, Simmons submitted a bar complaint against Woodward to the Florida Bar. Woodward did not provide an answer to the complaint until July 2020.
The Florida Bar then filed a formal complaint against Woodward and assigned the case to a referee for issuance of factual and legal findings.
The Referee, in its Report filed with the Florida Supreme Court, concluded Woodward had violated the following Rules Regulating the Florida Bar: 4-1.3 (diligence); 4-1.4 (communication); 4-3.2 (expediting litigation); 4-3.4(c) (knowingly disobey an obligation under the rules of a tribunal); 4-8.4(d) (conduct prejudicial to the administration of justice); and 4-8.4(g) (failure to respond to the Bar).
Correspondingly, the referee recommended a seventy-five-day suspension, with a two-year probationary term, and suggested that Woodward should attend a professionalism workshop and submit to an evaluation by Florida Lawyer’s Assistance, Inc.
The Supreme Court of Florida, on April 14, 2022, approved the referee’s report in toto. Effectiveness of the court, however, was toiled for 30 days to allow Woodward to close out his practice and protect the interests of existing clients.
According to the filing:
“Woodward sent a letter to the Oklahoma Bar Association, notifying the body that his Florida license had been suspended per the April 14, 2022 order. Although dated May 11, 2022, the postmark reflects processing by the U.S. Postal Service on May 16. An OBA stamp reflects the letter was received on May 19. On June 7, 2022, the OBA filed a notice with this Court advising of the Florida disciplinary action. The OBA also provided notice of Woodward’s suspension by the U.S. Court of Appeals for the Federal Circuit, based solely on the discipline in Florida. In a separate filing, the OBA recommends we impose a similar suspension of seventy- five days. By order dated June 8, 2022, this Court directed Woodward to show cause and/or request a hearing concerning final discipline in Oklahoma on or before June 29, 2022. The order further authorized Woodward to submit any additional information relating to or in mitigation of reciprocal discipline in this State. To date, Woodward has not answered the show cause order or provided any written materials concerning the disposition of this matter.”
The Supreme Court of Oklahoma, after reviewing the matter, stated that “the Supreme Court of Florida’s April 14, 2022 order suspending Woodward represents the charge for ethical violations committed by the attorney and a clear and convincing evidence that the act(s) occurred.
Having considered the totality of the circumstance, the Supreme Court of Oklahoma warrants a reciprocal discipline of seventy-five days, to commence on the filing of this decision.
In its Order, the Court decreed:
“RESPONDENT SUSPENDED FOR SEVENTY-FIVE DAYS
EFFECTIVE SEPTEMBER 13, 2022″
As of today, Mr. Woodward is listed in The Law Offices of David Luther Woodward, PA as a litigation attorney. Woodward practices in Pensacola, Florida. He has been licensed in Florida, Oklahoma and Texas.
A copy of the original filing can be found here.
