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STATE ex rel. OKLAHOMA BAR ASSOCIATION v. NACHIMSON
Citation: 2017 OK 4
Court: Supreme Court of Oklahoma; January 16, 2017; Oklahoma; State Supreme Court
Original Court Document: View Document
Jeffrey David Nachimson, an attorney admitted to the Oklahoma Bar Association in 2011, resigned pending disciplinary proceedings after executing a resignation affidavit on December 30, 2016. The resignation followed an investigation by the Oklahoma Bar Association regarding multiple grievances against him. Key allegations include: 1. **Child Support Contempt**: Nachimson was found in contempt for failing to pay child support, with an arrearage of $4,639.99 (Simmons Grievance). 2. **Client Trust Account Overdrafts**: Multiple grievances were opened due to overdrafts in his client trust account, including amounts of $5,150.00, $180.01, and $100.00. 3. **Failure to Communicate and Neglect**: Allegations were made that he neglected a civil rights claim (Sills Grievance) and failed to communicate adequately with clients (Sills Grievance). 4. **File Transfer Issues**: Nachimson allegedly failed to provide a client’s file to her new attorney after being terminated (Sweis Grievance). 5. **Accounting Failures**: He did not provide a complete accounting of legal services and funds held for a client (Puckett Grievance). 6. **Settlement Proceeds Mismanagement**: Nachimson allegedly failed to pay a client her share of settlement proceeds, with a dishonored check involved (Rogers Grievance). 7. **Financial Misconduct**: Investigations revealed significant discrepancies in his client trust account balances, raising concerns over mismanagement of client funds. The Bar Association filed an application for approval of his resignation, citing these grievances as part of the ongoing investigation into his conduct. Respondent Jeffrey David Nachimson has voluntarily resigned from the Oklahoma Bar Association, adhering to the applicable disciplinary rules. His resignation was made without coercion, with full awareness of its consequences, and is effective from the date of his affidavit. He acknowledges that potential allegations against him could violate several rules of professional conduct. Respondent waives his rights to contest these allegations and understands that the Supreme Court of Oklahoma has discretion over the acceptance of his resignation. He agrees to comply with Rule 9.1 within twenty days of his resignation and recognizes that reinstatement can only occur after five years, contingent upon fulfillment of prescribed conditions. Respondent is aware that claims may arise against the Client Security Fund due to his conduct and commits to reimbursing the fund if claims are paid. He has misplaced his membership card but will destroy or return it if found. Additionally, he will assist the Office of the General Counsel in managing active client cases and notifying clients of his inability to represent them. The Court has approved his resignation, effectively disbarring him for five years. He is also ordered to pay $175.63 in costs within ten days, and the Supreme Court formally issued this order on January 17, 2017.