Narrative Opinion Summary
In disciplinary proceedings against an attorney identified as Iduna Depweg Borger, also known as Margaret Ann McErlane, the Supreme Court of Ohio imposed a suspension from practicing law following the Board of Commissioners on Grievances and Discipline's final report. The suspension, under Gov.Bar R. V(7), required the attorney to immediately cease legal practice and surrender her certificate of admission within 30 days. Her name was ordered to be removed from the attorney roll. The attorney was also mandated to pay $6,953.57 in costs associated with the proceedings within 90 days, with interest accruing on any unpaid balance, and reimburse amounts to the Clients’ Security Fund within the same timeframe. Reinstatement is conditional upon satisfying all financial obligations and compliance with court orders, subject to the court's discretion. Further, the attorney must notify clients, co-counsel, and opposing parties of her suspension, make arrangements for case-related documentation and funds, and maintain accurate records of compliance. The order detailed specific communication and filing requirements to ensure proper notification and adherence to procedural mandates, with service considered complete upon certified mailing as per the court's regulations.
Legal Issues Addressed
Financial Obligations Following Suspensionsubscribe to see similar legal issues
Application: The attorney is responsible for paying costs related to the proceedings and must reimburse the Clients’ Security Fund.
Reasoning: She is also responsible for paying $6,953.57 in costs related to the proceedings, due within 90 days, with a 10% interest accruing on any unpaid balance after that period.
Notification and Compliance Requirementssubscribe to see similar legal issues
Application: The attorney must notify all clients and relevant parties of her suspension and take steps to manage her legal responsibilities.
Reasoning: Respondent is ordered to complete several actions within 30 days from the date of this order: Notify all clients and co-counsel of her suspension and disqualification to act as an attorney, advising clients of the urgency to find alternate legal representation if no co-counsel is available.
Reinstatement Conditions Post-Suspensionsubscribe to see similar legal issues
Application: Reinstatement is contingent upon full compliance with the court's orders and payment of all costs, with reinstatement only via court order.
Reasoning: To seek reinstatement, she must comply with Supreme Court Rules and this court's orders, and reinstatement will be contingent upon this court's specific order.
Requirements for Surrendering Legal Credentialssubscribe to see similar legal issues
Application: The attorney must surrender her certificate of admission and her name will be removed from the attorney roll.
Reasoning: Borger must surrender her certificate of admission to the court within 30 days and her name will be removed from the attorney roll.
Suspension of Legal Practice under Gov.Bar R. V(7)subscribe to see similar legal issues
Application: The attorney is ordered to immediately cease all legal practice activities and is divested of rights and privileges associated with being a licensed attorney in Ohio.
Reasoning: The suspension is ordered under Gov.Bar R. V(7) and mandates that she immediately cease all legal practice activities, including representing others in court and providing legal advice or services.