Cincinnati Bar Assn. v. Alsfelder

[Cite as Cincinnati Bar Assn. v. Alsfelder, 130 Ohio St.3d 1201, 2011-Ohio-5514.]

CINCINNATI BAR ASSOCIATION v. ALSFELDER.

[Cite as Cincinnati Bar Assn. v. Alsfelder,

130 Ohio St.3d 1201, 2011-Ohio-5514.]

(No. 2011-0625—Submitted September 7, 2011—Decided September 22, 2011.)

ON MOTION FOR IMPOSITION OF SANCTIONS.

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{¶ 1} This cause came on for further consideration pursuant to

Cincinnati Bar Association’s filing on July 15, 2011, of a motion for imposition

of sanctions for Robert S. Alsfelder’s failure to comply with the court’s May 19,

2011 order. On July 28, 2011, Alsfelder, respondent, filed a motion to strike

Cincinnati Bar Association’s motion for imposition of sanctions.

{¶ 2} Upon consideration thereof, it is ordered by the court that the

motion to impose sanctions is granted. Robert F. Alsfelder Jr., Attorney

Registration No. 0014829, last known business in Cincinnati, Ohio, is hereby

suspended from the practice of law in Ohio until proof is filed with this court that

respondent has obeyed the May 19, 2011 order of this court and has complied

with the subpoena duces tecum issued by the Board of Commissioners on

Grievances and Discipline.

{¶ 3} It is further ordered that respondent’s motion to strike is denied.

{¶ 4} 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.

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{¶ 5} 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.

{¶ 6} 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 complies with this and all other

orders of the court, and (4) this court orders respondent reinstated.

{¶ 7} It is further ordered that respondent shall immediately:

{¶ 8} 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 respondent's place;

{¶ 9} 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;

{¶ 10} 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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January Term, 2011

{¶ 11} 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;

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

return address where communications may thereafter be directed to respondent;

{¶ 13} 6. File with the clerk of this court and with the Disciplinary

Counsel an affidavit showing compliance with this order, showing proof of

service of notices required herein, and setting forth the address where the

respondent may receive communications; and.

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

respondent pursuant to this order.

{¶ 15} It is further ordered that respondent shall keep the clerk, the

Cincinnati Bar Association, and the Disciplinary Counsel advised of any change

of address where respondent may receive communications.

{¶ 16} 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 and further that unless clearly inapplicable, the

Rules of Practice shall apply to these proceedings. All documents are subject to

Sup.R. 44 through 47, which govern access to court records.

{¶ 17} 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 Office of Attorney

Services.

{¶ 18} 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

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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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