Narrative Opinion Summary
The case involves the resignation of an attorney from the practice of law in Ohio. The attorney submitted an Affidavit of Resignation and Waiver, which was referred to the Disciplinary Counsel. The court accepted this resignation, effective immediately, resulting in the withdrawal of all rights to practice law and prohibiting the attorney from representing themselves as a lawyer or providing legal services. The attorney is mandated to surrender their certificate of admission within 30 days, reimburse the Clients’ Security Fund for any awards within 90 days, and notify all clients, co-counsel, and opposing parties of the resignation. Compliance with these orders requires the attorney to file an affidavit with the Clerk of the court and the Disciplinary Counsel. The attorney must maintain a record of compliance actions and notify any address changes. Orders are served via certified mail, and publication costs are the attorney's responsibility. The decision is concurred by the Chief Justice and Associate Justices, ensuring adherence to the Supreme Court of Ohio's filing requirements.
Legal Issues Addressed
Compliance and Notification Requirementssubscribe to see similar legal issues
Application: The attorney must file an affidavit demonstrating compliance with the resignation order, including proof of service of required notices and maintaining updated contact information.
Reasoning: An affidavit must be filed with both the Clerk of the court and the Disciplinary Counsel of the Supreme Court to demonstrate compliance with the order, including proof of service of required notices and an address for receiving communications.
Obligations Upon Attorney Resignationsubscribe to see similar legal issues
Application: The attorney is required to fulfill several obligations, including notifying clients and co-counsel, refunding unearned fees, and surrendering the certificate of admission.
Reasoning: Kreiss must surrender his certificate of admission within 30 days and his name will be removed from the attorney roll. Additionally, he is required to reimburse the Clients’ Security Fund for any awards against him within 90 days.
Resignation and Waiver of Attorney Privilegessubscribe to see similar legal issues
Application: An attorney's resignation is accepted by the court, resulting in the withdrawal of all rights to practice law and the prohibition against representing oneself as an attorney.
Reasoning: The court accepted Kreiss's resignation, effective immediately, withdrawing all rights to practice law in Ohio. He is prohibited from representing himself as an attorney, providing legal services, or advising others in legal matters.
Service and Publication of Court Orderssubscribe to see similar legal issues
Application: Orders related to the resignation are served by certified mail and published as specified by the governing rules, with costs borne by the attorney.
Reasoning: Service of this order and any related orders will be considered effective when sent by certified mail to the respondent's most recent address on file with the Office of Attorney Registration and CLE.