STATE EX REL OKLAHOMA BAR ASSOCIATION v. PATE (2026)

ORDER APPROVING AMENDED RESIGNATION FROM THE OKLAHOMA BAR ASSOCIATION PENDING DISCIPLINARY PROCEEDINGS

¶1 Pursuant to Rule 8, Oklahoma Rules Governing Disciplinary Proceedings (RGDP), 5 O.S.2026, ch. 1, app. 1-A, Respondent filed an affidavit on March 17, 2025, seeking to resign his membership in the Oklahoma Bar Association (OBA) and relinquish his right to practice law pending disciplinary proceedings. That same day, Complainant filed an application for an order approving Respondent's resignation pending disciplinary proceedings and an application to assess costs in the amount of $240.86. This Court subsequently denied Respondent's resignation pending disciplinary proceedings on April 21, 2025 due to the lack of specificity to the alleged misconduct. See Order Denying Resignation Pending Disciplinary Proceedings, Apr. 21, 2025, SCBD No. 7862.

¶2 On June 9, 2026, this Court directed Complainant to submit a status report. See Status Order Regarding Pending Disciplinary Proceedings, SCBD No. 7862. Thereafter, Complainant filed a status report, a renewed application for an order approving Respondent's amended resignation pending disciplinary proceedings attaching Respondent's amended affidavit on June 23, 2026. In his amended affidavit, Respondent voluntarily relinquished his right to practice law, requested that this Court approve his resignation from membership in the OBA, and acknowledged the OBA's investigation into the specific allegations of misconduct recited in greater detail below. Specifically, Respondent acknowledged the following allegations of professional misconduct:

1. DC-23-135: Grievance by James Huggins: Respondent represented Mr. Huggins in a child custody modification proceeding beginning around June 2022. Although Respondent appeared at a hearing, he thereafter failed to communicate with either his client or opposing counsel and failed to prepare or submit the modification order even though he was paid an additional $400.00. Respondent later moved to withdraw, advising that Mr. Huggins was seeking alternative counsel because Respondent was scheduled to undergo surgery. On June 8, 2023, the OBA received Mr. Huggins's grievance. On June 14, 2023, the OBA mailed Respondent a letter to his official roster address opening an informal investigation and requested a written response within two weeks. Respondent failed to respond. The OBA mailed a second request on July 11, 2023, allowing Respondent an additional five days to respond, but again received no response. On July 27, 2023, a third letter was sent from the OBA and due to Respondent's failure to respond the OBA opened a formal investigation against Respondent requesting he respond within twenty days. Despite additional written requests sent in September, October, and December. Respondent failed to respond or otherwise cooperate with the OBA's investigation.

2. DC-23-145: Grievance by Seth Crow: Respondent was hired by Mr. Crow to file for bankruptcy and was paid $1,450.00 in June 2022. Respondent led Mr. Crow to believe that his bankruptcy petition had been filed and that his bankruptcy case was pending, when, in fact, no petition had been filed with the bankruptcy court. Respondent did not return the unearned fee he was paid. On June 12, 2023, the OBA received a grievance from Mr. Crow. On June 29, 2023, the OBA mailed Respondent a letter to his official roster address opening an informal investigation and requesting a written response within two weeks. Respondent failed to respond. The OBA mailed a second request on August 3, 2023, requesting Respondent to respond within five days, but again received no response. Due to Respondent's failure to respond the OBA opened a formal investigation into this matter on August 16, 2023. Respondent was required to respond within twenty days and failed to respond. Additional requests to respond were sent in September 2023 and October 2023. Respondent failed to respond or otherwise cooperate with the OBA's investigation.

3. DC-23-139: Grievance by Samantha Moses: Respondent was hired by Ms. Moses to file for bankruptcy and was paid $1,600.00 in March 2023. Respondent failed to file the bankruptcy petition and failed to communicate with Ms. Moses. On July 13, 2023, the OBA received a grievance from Ms. Moses. On August 7, 2023, the OBA mailed Respondent a letter to his official roster address advising him that the OBA opened a formal investigation and requesting Respondent to respond within twenty days. Respondent failed to respond. An additional letter was sent on September 19, 2023, requesting that Respondent respond within five days, but Respondent failed to respond or otherwise cooperate with the OBA's investigation.

4. DC-23-157: Grievance by General Counsel: Respondent overdrafted his IOLTA Trust account on three occasions in July 2023. On July 27, 2023, the OBA received an Insufficient Funds Notice from First National Bank of Fort Smith, Arkansas advising that the balance was negative. On August 7, 2023, the OBA advised Respondent of the OBA's notice of the trust account overdrafts and was requested to respond within two weeks and to provide a copy of the IOLTA account monthly statements. Respondent failed to respond. An additional letter was sent to Respondent on September 11, 2023, wherein Respondent was required to respond within twenty days and advised him that a formal investigation was opened. Respondent failed to respond or otherwise cooperate with the OBA's investigation.

5. DC-23-233: Grievance by Deborah White: Respondent was retained by Ms. White in July 2020 to represent her in a bankruptcy matter and the probate of her husband's estate. Respondent, a family friend of Ms. White, received $8,500.00 from Ms. White that he failed to safeguard in his IOLTA account. Although Respondent filed the probate matter and later filed a bankruptcy petition on July 7, 2021, he failed to diligently pursue either matter, resulting in no further action in the probate proceeding after September 17, 2020, and dismissal of the bankruptcy case on May 23, 2022. After Ms. White terminated Respondent's representation, Respondent failed to provide an accounting, refund any unearned fees, or withdraw from Ms. White's matters. The OBA received Ms. White's grievance on October 31, 2023. The OBA mailed Respondent a letter to his official roster address opening an informal investigation requesting Respondent to respond within two weeks on November 20, 2023. Respondent failed to respond. A second letter was sent on December 22, 2023 requesting Respondent to respond within five days. Respondent failed to respond. By letter dated January 11, 2024, the OBA opened a formal investigation requesting Respondent to respond within twenty days. Respondent failed to respond to any of the requests or otherwise cooperate with the OBA's investigation.

6. DC-24-102: Grievance by Dora Piersant: Respondent was retained by Ms. Piersant in June 2022 to represent her in a probate matter and received $2,000.00 in attorney fees. Respondent failed to perform any legal services on Ms. Piersant's behalf and did not refund the unearned fees. The OBA received Ms. Piersant's grievance on June 27, 2024. On July 15, 2024, the OBA mailed Respondent a letter to his official roster address requesting a written response within twenty days. Respondent failed to respond. A second letter was mailed on August 22, 2024, requesting that Respondent contact the OBA within five days. Respondent again failed to respond or otherwise cooperate with the OBA's investigation.

Failure to Attend Deposition: Respondent was served by certified mail to attend a deposition in August 2024, but prior to the deposition he notified the General Counsel's office that he would not be attending. Respondent did not attend the deposition despite being served with a subpoena duces tecum on July 8, 2024.

Upon consideration of the amended affidavit and the record we find:

1. Respondent executed an amended affidavit on June 23, 2026, wherein he asks to be allowed to resign his membership in the OBA and relinquish his right to practice law. Respondent is aware that his resignation is subject to approval by this Court within its discretion and upon its acceptance, he avers he will conduct his affairs accordingly.

2. Respondent's resignation was freely and voluntarily tendered, he was not subject to coercion or duress, and he was fully aware of the consequences of submitting his resignation.

3. Respondent is aware that, if proven, the allegations concerning his conduct would constitute violations of Rules 1.1, 1.3, 1.4, 1.5, 1.15, 1.16(d), 8.1(b), 8.4(a)(c), and (d), ORPC, and Rules 1.3 and 5.2, RGDP, and his oath as an attorney. Respondent waives any right to contest the allegations and takes full responsibility for his actions

4. Respondent's OBA number is 13910 and he was admitted to membership in the OBA on April 26, 1991. Respondent's official roster address is: 510 Beeler Street, Poteau, OK 74953-2314.

5. Respondent has familiarized himself with the provisions of 9.1, RGDP, and has agreed to comply with the provisions of such Rule, and with the assistance of his counsel, will withdraw from all pending cases and notify all affected clients.

6. Respondent acknowledges and agrees he may be reinstated to practice law upon full compliance with the conditions and procedures prescribed by Rule 11, RGDP, and that he may make no application for reinstatement to the practice of law prior to the expiration of five years from the effective date of the Order approving his Resignation Pending Disciplinary Proceedings.

7. Respondent acknowledges that as a result of his conduct, the Client Security Fund may receive claims from his former clients and agrees that should the Oklahoma Bar Association approve and pay such claims, he will reimburse the Client Security Fund the principal amounts and the applicable statutory interest prior to the filing of any application for reinstatement. Furthermore, given his current health, he has instructed his family of his desire that his estate reimburse the OBA for any Client Security Fund claims paid.

8. Respondent affirms that he has destroyed his Oklahoma Bar Association membership card.

9. Respondent acknowledges and agrees that he will cooperate with his counsel and the Office of the General Counsel in the task of locating and returning documents and files to his former clients.

10. Respondent acknowledges that the OBA has incurred costs in the investigation of this matter in the amount of $240.86 and agrees that he is responsible for reimbursing same upon order of this Court.

11. The resignation pending disciplinary proceedings of Respondent is in compliance with Rule 8.1, RGDP.

12. On June 17, 2025, W.E. Pat Pate was stricken from the Roll of Attorneys for failing to be in compliance with payment of bar dues and completion of CLE.

13. Complainant requests that an order be entered approving the Amended Affidavit of Resignation Pending Disciplinary Proceedings to be effective from the date and time of the execution of Respondent's amended affidavit of resignation.

¶3 IT IS ORDERED that Complainant's application for an Order approving the resignation pending disciplinary proceedings of Respondent, W.E. Pat Pate, is granted, Respondent's resignation is accepted and approved, and his right to practice law is relinquished as of the date of his amended affidavit of resignation.

¶4 IT IS FURTHER ORDERED that Respondent may not apply for reinstatement to membership in the Oklahoma Bar Association prior to expiration of five years from the effective date of this Order.

¶5 IT IS FURTHER ORDERED that Respondent shall comply with Rule 9.1, of the Rules Governing Disciplinary Proceedings.

¶6 IT IS FURTHER ORDERED that Respondent shall pay costs in the amount of $240.86 as set forth in Complainant's Application to Assess Costs to the Oklahoma Bar Association within ninety (90) days of this Order.

DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE the 21st DAY OF SEPTEMBER, 2026

ALL JUSTICES CONCUR.