Narrative Opinion Summary
In this case, an attorney who had been registered in Ohio since 1966 submitted an application for retirement or resignation under Gov.Bar R. VI(11) in light of pending disciplinary action. The court accepted his resignation, immediately terminating his rights to practice law in Ohio. The decision prohibits him from presenting himself as an attorney or providing legal services. Compliance with specific conditions is required before any employment with legal entities, including prohibitions on client contact and handling trust funds. He must notify clients and co-counsel of his resignation and ensure that clients are urged to seek new representation. Additionally, he must return any client property or unearned fees and account for trust funds in his possession. Notifications must be sent to opposing counsel and courts regarding his disqualification, and a formal notice must be filed. The attorney is required to submit an affidavit of compliance and maintain records of all actions taken to fulfill the court's order. The order also mandates the surrender of his admission certificate and reimbursement of any funds paid by the Lawyers’ Fund for Client Protection. The case underscores the rigorous procedural obligations imposed on attorneys facing disciplinary proceedings and the extensive requirements to protect client interests and maintain the integrity of the legal profession.
Legal Issues Addressed
Administrative Compliance and Record Keepingsubscribe to see similar legal issues
Application: The attorney must file an affidavit of compliance, maintain a record of actions taken, and keep the court informed of any address changes.
Reasoning: The respondent must file an affidavit with proof of compliance and maintain a record of actions taken under this order. The respondent must also keep the clerk and disciplinary counsel informed of any address changes.
Compliance with Employment Restrictionssubscribe to see similar legal issues
Application: The attorney must verify compliance with registration requirements before any employment with attorneys or firms and is restricted from direct client contact.
Reasoning: He must verify compliance with registration requirements before entering any employment or consulting arrangement with attorneys or law firms and is restricted from direct client contact and handling client trust funds unless specified.
Notification Obligations to Clients and Co-Counselsubscribe to see similar legal issues
Application: The attorney must notify clients in pending matters and co-counsel of his resignation and disqualification, emphasizing the urgency for new representation.
Reasoning: Clients in pending matters and co-counsel must be notified of the respondent’s resignation and disqualification to act as an attorney, emphasizing the urgency for clients to seek new legal representation if no co-counsel is available.
Notification to Opposing Counsel and Courtssubscribe to see similar legal issues
Application: Opposing counsel and courts must be informed of the attorney's disqualification, and a notice of disqualification must be filed with the court.
Reasoning: Opposing counsel or adverse parties in ongoing litigation must be informed of the respondent's disqualification, and a notice of disqualification must be filed with the relevant court or agency.
Prohibition on Legal Practice and Representationsubscribe to see similar legal issues
Application: The attorney is prohibited from presenting himself as an attorney or providing legal services in any capacity following his resignation.
Reasoning: Corcoran is prohibited from presenting himself as an attorney or providing legal services in any capacity.
Resignation under Disciplinary Proceedingssubscribe to see similar legal issues
Application: The court accepted the resignation of an attorney facing pending disciplinary action under Gov.Bar R. VI(11), effectively withdrawing his right to practice law.
Reasoning: The court accepted his resignation, effective immediately, which entails the withdrawal of all rights to practice law in Ohio.
Return of Client Property and Feessubscribe to see similar legal issues
Application: The attorney is required to return any client property or unearned fees and account for trust property in his possession.
Reasoning: The respondent is required to refund any unearned fees or expenses and account for any trust property in their possession.