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Office of Disciplinary Counsel v. Malkin

Citations: 87 Ohio St. 3d 1246; 722 N.E.2d 518Docket: No. 93-1739

Court: Ohio Supreme Court; January 3, 2000; Ohio; State Supreme Court

Narrative Opinion Summary

This case involves the petition for reinstatement of an attorney, filed on November 19, 1998, following a disciplinary action resolved in 1994. The petition was reviewed by the Board of Commissioners on Grievances and Discipline, which recommended reinstatement without any objections. The Supreme Court of Ohio granted the attorney's petition, reinstating him to the practice of law. As a condition of reinstatement, the attorney is required to pay costs related to the proceedings amounting to $1,656.26 within ninety days and must reimburse the Clients' Security Fund for any awards made against him within the same timeframe. Failure to comply with these financial obligations results in a ten percent annual interest on any unpaid balance and potential contempt proceedings that could lead to suspension. Furthermore, all legal documents must meet the Supreme Court's filing requirements, with the attorney responsible for the costs of publication of the court's order. The decision was concurred by all participating judges, reflecting the court's agreement with the board's recommendation.

Legal Issues Addressed

Attorney Reinstatement Process

Application: The court granted the petition for reinstatement to the practice of law after a favorable recommendation from the Board of Commissioners on Grievances and Discipline and no objections filed.

Reasoning: The court granted Malkin's petition for reinstatement to the practice of law, with his last known business address in Cleveland, Ohio.

Compliance with Supreme Court Filing Requirements

Application: All documents filed in the case must adhere to the Supreme Court of Ohio's filing requirements, with the clerk responsible for issuing certified copies and arranging publication.

Reasoning: All documents filed in this case must comply with the filing requirements of the Supreme Court of Ohio. The Clerk of the court is ordered to issue certified copies of this order and arrange for publication, with Malkin bearing the publication costs.

Costs of Disciplinary Proceedings

Application: The reinstated attorney is required to pay the costs of the proceedings within a specified timeframe, with interest accruing on any unpaid balance, potentially leading to contempt proceedings.

Reasoning: Malkin is required to pay costs of the proceedings totaling $1,656.26, due within ninety days, after a $500 deposit. Failure to pay will result in a ten percent annual interest on the unpaid balance and potential contempt proceedings leading to suspension.

Reimbursement to Clients' Security Fund

Application: The attorney must reimburse the Clients’ Security Fund for any awards made against him within ninety days of notice, with similar obligations for future awards.

Reasoning: Additionally, Malkin must reimburse any amounts awarded against him by the Clients’ Security Fund within ninety days of the award's notice, and any future awards must also be reimbursed within the same timeframe.