Disciplinary Counsel v. Koehler

[Cite as Disciplinary Counsel v. Koehler, 128 Ohio St.3d 1222, 2011-Ohio-2385.]

DISCIPLINARY COUNSEL v. KOEHLER.

[Cite as Disciplinary Counsel v. Koehler,

128 Ohio St.3d 1222, 2011-Ohio-2385.]

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

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

(No. 2011-0321 — Submitted April 19, 2011 — Decided May 5, 2011.)

ON CERTIFIED ORDER of the Supreme Court of California, No. S187659.

__________________

{¶ 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 February 28, 2011, relator, Disciplinary Counsel, filed with this

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

February 2, 2011, in case No. S187659, In re Koehler, disbarring respondent. On

March 10, 2011, 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 show cause order.

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

that pursuant to Gov.Bar R. V(11)(F)(4), respondent, Henry James Koehler IV,

Attorney Registration No. 0049004, last known business address in Akron, Ohio,

be indefinitely suspended, and respondent will not be permitted to petition for

reinstatement to the practice of law in Ohio until respondent is reinstated to the

practice of law in the state of California.

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

from the practice of law in any form and 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 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 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

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.

2

January Term, 2011

{¶ 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 California, (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;

{¶ 15} 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;

3

SUPREME COURT OF OHIO

{¶ 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 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 on or before 30 days from the date of this

order, respondent shall surrender the attorney registration card for the 2009/2011

biennium.

{¶ 20} 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.

{¶ 21} 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.

{¶ 22} 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.

{¶ 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.

4

January Term, 2011

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

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

______________________

5