Narrative Opinion Summary
In this disciplinary proceeding, an attorney admitted to the Ohio bar in May 1982 tendered his resignation through an Affidavit of Resignation and Authorization for Release in March 2000, under Gov.Bar R. V(11)(G)(1). The Disciplinary Counsel processed this affidavit, leading to the Ohio Supreme Court accepting the resignation while disciplinary actions were pending. This acceptance resulted in the cancellation of the attorney's admission certificate and removal from the registry of practicing attorneys, thereby revoking all rights to practice law in Ohio. The court imposed several obligations on the respondent, including prohibiting any legal practice or representation in Ohio, requiring reimbursement to the Clients’ Security Fund for any awards against him, and mandating the surrender of his admission certificate. Furthermore, the respondent must notify all clients and co-counsel of his resignation and advise them to seek alternative legal representation, as well as return any client-related documents and unearned fees. Compliance with these directives is to be demonstrated through a filed affidavit. The court's order also necessitates maintaining updated contact information with the Clerk and Disciplinary Counsel until all compliance actions are completed. The respondent bears the responsibility for the costs associated with the publication and service of this order.
Legal Issues Addressed
Attorney Resignation with Disciplinary Action Pendingsubscribe to see similar legal issues
Application: The respondent's resignation was accepted while disciplinary actions were pending, which resulted in the cancellation of his certificate and removal from the attorney roll.
Reasoning: The court accepted Dondzila's resignation with disciplinary action pending and ordered the cancellation of his certificate of admission to the Ohio bar, removing his name from the roll of attorneys.
Notification and Compliance Proceduressubscribe to see similar legal issues
Application: The court mandates specific procedures for notifying clients, co-counsel, and adverse parties, and requires the respondent to file an affidavit of compliance.
Reasoning: Respondent is required to take several actions regarding client representation and compliance with the court order. Key obligations include: ... File an affidavit with the court clerk and Disciplinary Counsel, demonstrating compliance with the order and proof of notification, along with the address for receiving communications.
Obligations to Clients and Co-Counsel Post-Disqualificationsubscribe to see similar legal issues
Application: The respondent must notify clients and co-counsel of his resignation and assist them in obtaining other legal representation.
Reasoning: Dondzila must also surrender his certificate of admission within thirty days and notify all clients and co-counsel of his resignation and disqualification, urging them to seek alternative legal representation.
Prohibition of Legal Practice Post-Resignationsubscribe to see similar legal issues
Application: The resigned attorney is prohibited from practicing law or representing himself as an attorney in Ohio in any capacity.
Reasoning: Consequently, all rights and privileges to practice law in Ohio were revoked, prohibiting him from representing himself as an attorney or providing legal services in any capacity.
Requirement to Reimburse Clients’ Security Fundsubscribe to see similar legal issues
Application: The respondent is required to reimburse any amounts awarded against him by the Clients’ Security Fund within a specified timeframe.
Reasoning: Additionally, he is required to reimburse any amounts awarded against him by the Clients’ Security Fund within ninety days of the order, with the same obligation applying to any future awards.