Disciplinary Counsel v. Joseph

[Cite as Disciplinary Counsel v. Joseph, 133 Ohio St.3d 1221, 2012-Ohio-4550.]

DISCIPLINARY COUNSEL v. JOSEPH.

[Cite as Disciplinary Counsel v. Joseph,

133 Ohio St.3d 1221, 2012-Ohio-4550.]

Attorneys at law—Reciprocal discipline from the Court of Appeals of Maryland—

Indefinite suspension—Gov.Bar R. V(11)(F)(4).

(No. 2012-1107—Submitted September 25, 2012—Decided October 3, 2012.)

ON CERTIFIED ORDER of the Court of Appeals of Maryland,

Misc. Docket AG No. 11.

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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 June 28, 2012, relator, disciplinary counsel, filed with this

court a certified copy of an order of the Court of Appeals of Maryland entered

October 27, 2011, in Attorney Grievance Comm. of Maryland v. Joseph, in Misc.

Docket AG No. 11, disbarring respondent. On July 16, 2012, this court ordered

respondent to show cause why identical or comparable discipline should not be

imposed in this state. Respondent filed a response to the order to show cause,

relator filed a reply, and this cause was considered by the court.

{¶ 3} On consideration thereof, it is ordered and adjudged by this court

that pursuant to Gov.Bar R. V(11)(F)(4), respondent, Joel David Joseph, Attorney

Registration No. 0048592, last known business address in Los Angeles,

California, is indefinitely suspended from the practice of law. The suspension

shall begin to run as of the date of this order. It is further ordered that since

respondent’s disbarment in Maryland is not permanent, respondent will not be

reinstated to the practice of law in Ohio until such time as respondent (1) is

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reinstated to the practice of law in the state of Maryland and (2) petitions this

court for reinstatement pursuant to Gov.Bar R. V(10).

{¶ 4} It is further ordered that respondent immediately cease and desist

from the practice of law in any form and that he is 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 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 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 before entering into an employment,

contractual, or consulting relationship with any attorney or law firm, respondent

shall verify that the attorney or law firm has complied with the registration

requirements of Gov.Bar R. V(8)(G)(3). If employed pursuant to Gov.Bar R.

V(8)(G), respondent shall refrain from direct client contact except as provided in

Gov.Bar R. V(8)(G)(1) and from receiving, disbursing, or otherwise handling any

client trust funds or property.

{¶ 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 by the court that within 90 days of the date of

this order, respondent shall reimburse any amounts that have been awarded

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against respondent by the Clients’ Security Fund pursuant to Gov.Bar R.

VIII(7)(F). It is further ordered by the court that if after the date of this order, the

Clients’ Security Fund awards any amount against respondent pursuant to

Gov.Bar R. VIII(7)(F), respondent shall reimburse that amount to the Clients’

Security Fund within 90 days of the notice of that 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 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 Maryland, (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 30 days from the date of this

order, respondent shall

{¶ 12} 1. Notify all clients being represented in pending matters and any

co-counsel of respondent’s suspension and 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;

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{¶ 15} 4. Notify opposing counsel or, in the absence of counsel, the

adverse parties in pending litigation of respondent’s 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;

{¶ 17} 6. File with the clerk of this court and 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 on or before 30 days from the date of this

order, respondent surrender the attorney-registration card for the 2011/2013

biennium.

{¶ 20} It is further ordered that until such time as respondent fully

complies with this order, respondent shall keep the clerk and disciplinary counsel

advised of any change of address where respondent may receive communications.

{¶ 21} It is further ordered 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.

{¶ 22} It is further ordered 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 Office of Attorney

Services.

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{¶ 23} 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.

O’CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O’DONNELL,

LANZINGER, CUPP, and MCGEE BROWN, JJ., concur.

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