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Office of Disciplinary Counsel v. Hogan

Citations: 93 Ohio St. 3d 1214; 756 N.E.2d 670Docket: No. 01-1319

Court: Ohio Supreme Court; October 4, 2001; Ohio; State Supreme Court

Narrative Opinion Summary

The Supreme Court of Ohio addressed a disciplinary proceeding under Gov.Bar R. V(11)(F) involving an attorney who had been suspended in Guam. The attorney, who did not respond to the court's order to show cause, was reciprocally suspended from practicing law in Ohio for three months, effective immediately. The suspension in Ohio is to remain in effect until the attorney is reinstated in Guam. During the suspension period, the attorney is prohibited from practicing law, required to surrender his attorney certificate, and must inform clients and co-counsel of his disqualification. Additionally, he must return client property, refund unearned fees, and notify opposing counsel of his suspension. The attorney is also mandated to complete specific continuing legal education requirements and reimburse the Clients’ Security Fund for any awards against him. Compliance with these conditions, alongside maintaining updated communication details with the court, is necessary for considering reinstatement in Ohio. The order was endorsed by the Chief Justice and other Justices, with directives for publication and service of the order.

Legal Issues Addressed

Continuing Legal Education (CLE) Requirements

Application: The attorney is required to complete additional CLE hours, emphasizing professional conduct, as part of the conditions for reinstatement.

Reasoning: Additionally, Hogan is required to complete one hour of continuing legal education (CLE) for each month of suspension, including one hour on professional conduct for every six months.

Obligations During Suspension

Application: The suspended attorney must notify clients and co-counsel, manage client property, refund unearned fees, and file notices of disqualification.

Reasoning: Respondent is ordered to complete several actions within thirty days of the order's date: Notify all clients involved in pending matters and any co-counsel about his suspension and disqualification from practicing law, urging clients to seek alternative legal representation if no co-counsel is present.

Procedural Compliance and Record-Keeping

Application: The attorney must file an affidavit verifying compliance with the suspension order and maintain records of all compliance actions.

Reasoning: Submit an affidavit to the Clerk of the court and the Disciplinary Counsel of the Supreme Court verifying compliance with the order and providing an address for communications.

Reciprocal Discipline under Gov.Bar R. V(11)(F)

Application: The Supreme Court of Ohio imposed reciprocal discipline on an attorney following suspension in another jurisdiction, demonstrating the enforcement of consistent disciplinary standards across jurisdictions.

Reasoning: Pending before the Supreme Court of Ohio is a disciplinary matter involving attorney Jerry E. Hogan, based on reciprocal discipline under Gov.Bar R. V(11)(F).

Reimbursement to Clients’ Security Fund

Application: The attorney must reimburse any amounts awarded against him by the Clients’ Security Fund to maintain eligibility for reinstatement.

Reasoning: He must also reimburse any amounts awarded against him by the Clients’ Security Fund within 90 days, with similar obligations for future awards.

Suspension of Legal Practice

Application: The attorney was suspended from practicing law in Ohio for three months, contingent upon reinstatement in the original jurisdiction of suspension.

Reasoning: Consequently, the court ordered Hogan to be suspended from practicing law in Ohio for three months, effective immediately, with reinstatement contingent upon his reinstatement in Guam.