Opinion

Disciplinary Counsel v. Richardson

  • 132 Ohio St. 3d 1221
  • 2012 Ohio 2753
Court
Ohio Supreme Court
Filed
May 10, 2012
Status
Published
On the bench
O'Connor, Pfeifer, Stratton, O'Donnell, Lanzinger, Cupp, Brown
Cited by
0 cases

The opinion

[Cite as Disciplinary Counsel v. Richardson, 132 Ohio St.3d 1221, 2012-Ohio-2753.]

DISCIPLINARY COUNSEL v. RICHARDSON.

[Cite as Disciplinary Counsel v. Richardson,

132 Ohio St.3d 1221, 2012-Ohio-2753.]

Attorneys at law—Reciprocal discipline from the Supreme Court of Kentucky—

Permanent disbarment—Gov.Bar R. V(11)(F)(4).

(No. 2012-0366—Submitted May 4, 2012—Decided May 10, 2012.)

ON CERTIFIED ORDER of the Supreme Court of Kentucky,

No. 2011-SC-000654-KB.

__________________

{¶ 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 March 2, 2012, relator, disciplinary counsel, filed with this

court a certified copy of an order of the Supreme Court of Kentucky entered

February 23, 2012, in Kentucky Bar Assn. v. Richardson, case No. 2011-SC-

000654-KB, permanently disbarring respondent. This court ordered respondent to

show cause why identical or comparable discipline should not be imposed in this

state. Respondent did not respond to the order to show cause.

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

that pursuant to Gov.Bar R. V(11)(F)(4), respondent, Donald Lynn Richardson,

Attorney Registration No. 0059046, last known business address in Covington,

Kentucky, is permanently disbarred from the practice of law in Ohio.

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

from the practice of law in any form, and he is forbidden to appear on behalf of

another before any court, judge, commission, board, administrative agency, or

other public authority.

SUPREME COURT OF OHIO

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

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

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.

{¶ 9} It is further ordered that on or before 30 days from the date of this

order, respondent shall:

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

co-counsel of respondent's disbarment 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;

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January Term, 2012

{¶ 11} 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;

{¶ 12} 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;

{¶ 13} 4. Notify opposing counsel in pending litigation or, in the absence

of counsel, the adverse parties, 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;

{¶ 14} 5. Send all notices required by this order by certified mail with a

return address where communications may thereafter be directed to respondent;

{¶ 15} 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

{¶ 16} 7. Retain and maintain a record of the various steps taken by

respondent pursuant to this order.

{¶ 17} It is further ordered that until such time as respondent 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.

{¶ 18} 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

3

SUPREME COURT OF OHIO

Supreme Court of Ohio, including requirements as to form, number, and

timeliness of filings.

{¶ 19} 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.

{¶ 20} 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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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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