On Wednesday, July 26, 2023, Attorney Jason David Smith who allegedly failed to serve his clients competently and honestly resigned from the Oklahoma bar after the Supreme Court of the State of Oklahoma approved his resignation. The attorney allegedly misled his clients about his work and shared fees with non-lawyers.

The case is entitled “State of Oklahoma ex rel., Oklahoma Bar Association v.  Jason David Smith,” with case no. 7326. 

The State Bar of California had lodged a complaint against attorney Jason David Smith, alleging numerous infractions of the Rules of Professional Conduct and the Business and Professions Code. The specific accusations encompassed Smith’s failure to competently render legal services, lack of communication with clients, misleading clients about work conducted, fee-sharing with non-lawyers, aiding unauthorized legal practice, non-return of client files, and unearned fees, misappropriation of client funds, mingling personal and client funds, engaging in acts of moral turpitude, and non-cooperation in the disciplinary investigation. The complaint had sought disbarment due to the deliberate, reckless, and recurrent nature of Smith’s violations, coupled with his failure to make restitution and show candor or remorse. Overall, the complaint depicted a pattern of intentional and extensive ethical transgressions by Smith in his legal representation of numerous clients spanning several years.

Subsequent to the filing of the complaint, Smith tendered his resignation from the State Bar of California while disciplinary charges were pending. Smith acknowledged his current ineligibility to practice law due to a prior suspension order. He clarified that his resignation was irrevocable and necessitated a complete reapplication process for potential readmission. Smith admitted to failing to cooperate in ongoing disciplinary investigations that involved allegations of moral turpitude and misappropriation of client funds. Smith

Smith acknowledged that the pending charges, if proven, would likely lead to his disbarment. Smith concurred that his resignation equated to a de facto disbarment and mandated a definitive break from the legal profession. In essence, the resignation underscored Smith’s acknowledgment of the serious ethical violations he committed and the permanent termination of his status as an attorney in California.

The affidavit states:

“I am aware that the burden of proof regarding the allegations set forth herein rests upon the Oklahoma Bar Association. However, I hereby waive any and all rights to contest the allegations. I am aware that, pursuant to Rule 8.2, RGDP, either the approval or disapproval of this resignation is within the discretion of the Supreme Court of Oklahoma. I have familiarized myself with the provisions of Rule 9.1, RGDP, and do hereby agree to comply with all provisions of Rule 9.1 within twenty (20) days following the date of this resignation.”

A revised version of the initial complaint was formally filed against Smith, encompassing a total of 14 distinct allegations of misconduct. This second amended complaint outlined a comprehensive list of charges that Smith is facing in relation to their professional conduct.

The second amended complaint states:

“Complainant, State of Oklahoma ex. rel. Oklahoma Bar Association, (OBA) by and through its Assistant General Counsel, Stephen L. Sullins, for its Amended Complaint against the Respondent Jason David Smith hereby incorporates all allegations in the original complaint.”

The second amended complaint continues:

“WHEREFORE, pursuant to Rule 6, RGDP, Complainant requests that the Respondent Jason David Smith be disciplined as this Court finds equitable and proper, and for such other relief as this Court finds appropriate.”

Having presented an affidavit on July 3, 2023, expressing his intent to resign from the Oklahoma Bar Association (OBA) and relinquish his authorization to practice law amid ongoing disciplinary proceedings, a petition for the approval of Smith’s resignation was submitted by the complainant on the same day. Following a thorough assessment of the situation, the Supreme Court of the State of Oklahoma approved the resignation of attorney Jason David Smith.

The order states:

“IT IS ORDERED that Complainant’s application for an Order approving the resignation pending disciplinary proceedings of Respondent, Jason David Smith, is granted, Respondent’s resignation is accepted and approved, and his right to practice law is relinquished.”

Mr. Smith practices in Jay, Oklahoma. He was licensed in Oklahoma. His info can be found on lawyersjustia.com.

A copy of the original filing can be found here.