You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

In re Arnold

Citations: 79 Ohio St. 3d 1454; 680 N.E.2d 1254Docket: 97-1154

Court: Ohio Supreme Court; July 9, 1997; Ohio; State Supreme Court

Narrative Opinion Summary

The Supreme Court of Ohio issued an interim suspension for an attorney following a felony conviction, pending further disciplinary action by the Cincinnati Bar Association. The attorney is barred from practicing law, representing clients, offering legal advice, or preparing legal documents. As part of the suspension conditions, he must complete continuing legal education, including ethics and substance abuse, for every month of suspension. The attorney is also required to reimburse the Clients’ Security Fund for any claims awarded and notify all current clients and co-counsel about his suspension, urging them to find alternative legal representation. He must refund any unearned fees and deliver client files promptly. Additionally, the attorney must inform opposing counsel and the courts of his disqualification and file proof of compliance with these directives. This ruling underscores the court's commitment to maintaining legal integrity and protecting clients' interests following an attorney's criminal conviction.

Legal Issues Addressed

Affidavit of Compliance

Application: The attorney must file an affidavit confirming compliance with the order, including providing a current contact address.

Reasoning: File an affidavit with the Clerk of the court and the Disciplinary Counsel of the Supreme Court, proving compliance and providing a contact address.

Continuing Legal Education Requirement

Application: The attorney must complete one credit hour of continuing legal education per month of suspension, including training in ethics and substance abuse.

Reasoning: Arnold must complete one credit hour of continuing legal education for each month of suspension, including ethics and substance abuse training.

Disciplinary Investigation and Proceedings

Application: The court mandated the Cincinnati Bar Association to investigate the attorney's conduct and initiate disciplinary proceedings.

Reasoning: The court ordered the Cincinnati Bar Association to investigate and initiate disciplinary proceedings against him.

Interim Suspension of Attorney

Application: The attorney was immediately suspended from practicing law following a felony conviction, pending further disciplinary proceedings.

Reasoning: On June 6, 1997, a certified judgment entry of felony conviction against attorney S. Richard Arnold (a.k.a. Stuart Richard Arnold) was filed with the Supreme Court of Ohio, leading to his interim suspension from practicing law, effective immediately.

Notification and Client Communication Requirements

Application: The attorney must notify clients and co-counsel of his suspension and assist clients in retrieving their files and securing new representation.

Reasoning: Notify all clients in pending matters and any co-counsel of his suspension and disqualification to act as an attorney, advising clients to seek alternative legal representation urgently if no co-counsel is present.

Prohibition of Legal Practice Activities

Application: The attorney was prohibited from practicing law, representing others, providing legal advice, and preparing legal documents during the suspension.

Reasoning: Arnold is prohibited from practicing law, representing others before any legal authority, providing legal advice, or preparing legal documents.

Refund of Unearned Fees

Application: The attorney is obligated to refund any unearned fees or expenses paid in advance.

Reasoning: Refund any unearned fees or expenses paid in advance and account for any trust money or property under his control.

Reimbursement to Clients' Security Fund

Application: The attorney is required to reimburse the Clients’ Security Fund within specified timeframes for awarded amounts.

Reasoning: Arnold is required to reimburse any amounts awarded by the Clients’ Security Fund within ninety days of the order or any future awards within ninety days of notification.