The opinion
[This opinion has been published in Ohio Official Reports at 87 Ohio St.3d 1217.]
OFFICE OF DISCIPLINARY COUNSEL v. BROWN.
[Cite as Disciplinary Counsel v. Brown, 1999-Ohio-316.]
Attorneys at law—Misconduct—Reciprocal discipline—Suspension until
respondent is reinstated in Arizona—Gov.Bar R. V(11)(F)(4).
(No. 99-1315—Submitted and decided October 14, 1999.)
ON CERTIFIED ORDER OF THE SUPREME COURT OF ARIZONA, NO. SB-99-0007-D,
COMM. NO. 94-0033.
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{¶ 1} This cause is pending before the Supreme Court of Ohio in
accordance with the reciprocal discipline provisions of Gov.Bar R. V(11)(F).
{¶ 2} On July 14, 1999, relator, Disciplinary Counsel, filed with this court
a certified copy of an order of the Supreme Court of Arizona entered March 1, 1999,
in In the Matter of Robert L. Brown, Supreme Court No. SB-99-0007-D, Comm.
No. 94-0033, disbarring respondent, Robert Lawson Brown. On July 22, 1999, this
court ordered respondent to show cause why identical or comparable discipline
should not be imposed in this state. Respondent filed no response to the show cause
order. This cause was considered by the court and on consideration thereof,
{¶ 3} IT IS ORDERED AND ADJUDGED by this court that pursuant to
Gov.Bar R. V(11)(F)(4), respondent, Robert Lawson Brown, Attorney Registration
No. 0026416, last known address in Mesa, Arizona, be suspended from the practice
of law in Ohio until such time as he is reinstated to the practice of law in the state
of Arizona.
{¶ 4} IT IS FURTHER ORDERED that the respondent, Robert Lawson
Brown, immediately cease and desist from the practice of law in any form and is
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hereby forbidden to appear on behalf of another before any court, judge,
commission, board, administrative agency, or other public authority.
{¶ 5} IT IS FURTHER ORDERED that respondent is hereby forbidden to
counsel or advise or prepare legal instruments for others or in any manner perform
such services.
{¶ 6} IT IS FURTHER ORDERED that respondent is hereby divested of
each, any, and all of the rights, privileges, and prerogatives customarily accorded
to a member in good standing of the legal profession of Ohio.
{¶ 7} IT IS FURTHER ORDERED that respondent surrender his certificate
of admission to practice to the Clerk of this court on or before thirty days from the
date of this order, and that his name be stricken from the roll of attorneys maintained
by this court.
{¶ 8} IT IS FURTHER ORDERED that, pursuant to Gov.Bar R. X(3)(G),
respondent shall complete one credit hour of continuing legal education for each
month, or portion of a month, of the suspension. As part of the total credit hours
of continuing legal education required by Gov.Bar R. X(3)(G), respondent shall
complete one credit hour of instruction related to professional conduct required by
Gov.Bar R. X(3)(A)(1), for each six months, or portion of six months, of the
suspension.
{¶ 9} IT IS FURTHER ORDERED, sua sponte, by the court, that within
ninety days of the date of this order, respondent shall reimburse any amounts that
have been awarded against the respondent by the Clients’ Security Fund pursuant
to Gov.Bar R. VIII(7)(F). It is further ordered, sua sponte, by the court that if, after
the date of this order, the Clients’ Security Fund awards any amount against the
respondent pursuant to Gov.Bar R. VIII(7)(F), the respondent shall reimburse that
amount to the Clients’ Security Fund within ninety days of the notice of such award.
{¶ 10} IT IS FURTHER ORDERED that respondent shall not be reinstated
to the practice of law in Ohio until (1) respondent complies with the requirements
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for reinstatement set forth in the Supreme Court Rules for the Government of the
Bar of Ohio; (2) respondent complies with the Supreme Court Rules for the
Government of the Bar of Ohio; (3) respondent files evidence with the Clerk of this
court and with Disciplinary Counsel demonstrating his reinstatement to the practice
of law in Arizona; (4) respondent complies with this and all other orders issued by
this court; and (5) this court orders respondent reinstated.
{¶ 11} IT IS FURTHER ORDERED that on or before thirty days from the
date of this order, respondent shall:
{¶ 12} 1. Notify all clients being represented in pending matters and any co-
counsel of his suspension and his consequent disqualification to act as an attorney
after the effective date of this order and, in the absence of co-counsel, also notify
the clients to seek legal service elsewhere, calling attention to any urgency in
seeking the substitution of another attorney in his place;
{¶ 13} 2. Regardless of any fees or expenses due respondent, deliver to all
clients being represented in pending matters any papers or other property pertaining
to the client, or notify the clients or co-counsel, if any, of a suitable time and place
where the papers or other property may be obtained, calling attention to any
urgency for obtaining such papers or other property;
{¶ 14} 3. Refund any part of any fees or expenses paid in advance that are
unearned or not paid, and account for any trust money or property in the possession
or control of respondent;
{¶ 15} 4. Notify opposing counsel in pending litigation or, in the absence of
counsel, the adverse parties, of his disqualification to act as an attorney after the
effective date of this order, and file a notice of disqualification of respondent with
the court or agency before which the litigation is pending for inclusion in the
respective file or files;
{¶ 16} 5. Send all notices required by this order by certified mail with a
return address where communications may thereafter be directed to respondent;
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{¶ 17} 6. File with the Clerk of this court and the Disciplinary Counsel of
the Supreme Court an affidavit showing compliance with this order, showing proof
of service of notices required herein, and setting forth the address where the affiant
may receive communications; and
{¶ 18} 7. Retain and maintain a record of the various steps taken by
respondent pursuant to this order.
{¶ 19} IT IS FURTHER ORDERED that until such time as he fully
complies with this order, respondent shall keep the Clerk and the Disciplinary
Counsel advised of any change of address where respondent may receive
communications.
{¶ 20} IT IS FURTHER ORDERED, sua sponte, that all documents filed
with this court in this case shall meet the filing requirements set forth in the Rules
of Practice of the Supreme Court of Ohio, including requirements as to form,
number, and timeliness of filings.
{¶ 21} IT IS FURTHER ORDERED, sua sponte, that service shall be
deemed made on respondent by sending this order, and all other orders in this case,
by certified mail to the most recent address respondent has given to the Attorney
Registration Office.
{¶ 22} IT IS FURTHER ORDERED that the Clerk of this court issue
certified copies of this order as provided for in Gov.Bar R. V(8)(D)(1), that
publication be made as provided for in Gov.Bar R. V(8)(D)(2), and that respondent
bear the costs of publication.
MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and
LUNDBERG STRATTON, JJ., concur.
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