In re Resignation of Viloski

[Cite as In re Resignation of Viloski, 131 Ohio St.3d 1220, 2012-Ohio-1164.]

IN RE RESIGNATION OF VILOSKI.

[Cite as In re Resignation of Viloski, 131 Ohio St.3d 1220, 2012-Ohio-1164.]

Attorneys at law—Resignation with disciplinary action pending—Gov.Bar R.

I(6)(C).

(No. 2012-0298—Submitted March 7, 2012—Decided March 13, 2012.)

ON APPLICATION FOR RETIREMENT OR RESIGNATION

PURSUANT TO GOV.BAR R. VI(6).

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{¶ 1} Benjamin John Viloski, Attorney Registration No. 0060895, last

known business address in Oak Island, North Carolina, who was admitted to the

bar of this state on February 8, 1993, submitted an application for retirement or

resignation pursuant to Gov.Bar R. VI(6). The application was referred to

disciplinary counsel pursuant to Gov.Bar R. VI(6)(B). On February 17, 2012, the

Office of Attorney Services filed disciplinary counsel’s report, under seal, with

this court in accordance with Gov.Bar R. VI(6)(B)(2).

{¶ 2} On consideration thereof, it is ordered by the court that pursuant to

Gov.Bar R. VI(6)(C), the resignation as an attorney and counselor at law is

accepted as a resignation with disciplinary action pending.

{¶ 3} It is further ordered and adjudged that from and after this date all

rights and privileges extended to respondent to practice law in the state of Ohio be

withdrawn; that henceforth respondent shall cease to hold himself forth as an

attorney authorized to appear in the courts of this state; that respondent shall not

attempt, either directly or indirectly, to render services as an attorney or counselor

at law to or for any individuals, corporation, or society, nor in any way perform or

seek to perform services for anyone, no matter how constituted, that must, by law,

be executed by a duly appointed and qualified attorney within the state of Ohio.

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{¶ 4} It is further ordered that respondent desist and refrain from the

practice of law in any form, either as principal or agent or clerk or employee of

another, and hereby is forbidden to appear in the state of Ohio as an attorney and

counselor at law before any court, judge, board, commission, or other public

authority, and hereby is forbidden to give another an opinion as to the law or its

application or advise with relation thereto.

{¶ 5} 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.

{¶ 6} It is further ordered that respondent shall not enter into an

employment, contractual, or consulting relationship with an attorney or law firm

with which respondent was associated as a partner, shareholder, member, or

employee at the time respondent engaged in the misconduct that resulted in this

acceptance of respondent’s resignation with discipline pending.

{¶ 7} It is further ordered that respondent surrender respondent’s

certificate of admission to practice to the clerk of the court on or before 30 days

from the date of this order and that respondent's name be stricken from the roll of

attorneys maintained by this court.

{¶ 8} It is further ordered, sua sponte, 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, sua sponte, by the court that if after the date of

this order, the Clients' Security Fund awards any amount against respondent

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January Term, 2012

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 such 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 resignation 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 respondent's place;

{¶ 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 such 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

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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 on or before 30 days from the date of this

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

biennium.

{¶ 18} 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.

{¶ 19} 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. All case documents are subject to Sup.R. 44

through 47, which govern access to court records.

{¶ 20} 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, to

respondent’s last known address.

{¶ 21} 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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