Disciplinary Counsel v. Turner

[Cite as Disciplinary Counsel v. Turner, ___ Ohio St.3d ___, 2014-Ohio-5222.]

DISCIPLINARY COUNSEL v. TURNER.

[Cite as Disciplinary Counsel v. Turner, ___ Ohio St.3d ___, 2014-Ohio-5222.]

(No. 2013-1252—Submitted November 21, 2014—Decided November 26, 2014.)

ON ORDER TO SHOW CAUSE.

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{¶ 1} On July 23, 2014, this court suspended respondent, Talbert Randall

Turner, from the practice of law for a period of two years, stayed the entire

suspension, and ordered respondent to pay board costs in the amount of $707.75.

Respondent has not paid board costs as ordered by the court. On October 29,

2014, this court issued an order to show cause why respondent should not be

found in contempt and the stay of his suspension revoked for failure to pay board

costs. Respondent did not file a response to the show cause order.

{¶ 2} Upon consideration thereof, it is ordered and adjudged by this

court that respondent Talbert Randall Turner, Attorney Registration No. 0016670,

last known address in Monroe, Ohio, is found in contempt for failure to comply

with the court’s July 23, 2014 order.

{¶ 3} It is further ordered that the previously imposed stay of the two-

year suspension is revoked and that respondent is suspended from the practice of

law until respondent pays all costs and accrued interest in full, has applied for

reinstatement, and has been granted reinstatement by this court.

{¶ 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

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

client trust funds or property.

{¶ 5} It is further ordered that pursuant to Gov.Bar R. X(13), 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(13), respondent shall

complete one credit hour of instruction related to professional conduct required by

Gov.Bar R. X(3)(B) 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 pays the board costs, including any

and all accrued interest, (2) respondent complies with the requirements for

reinstatement set forth in the Supreme Court Rules for the Government of the Bar

of Ohio, (3) respondent complies with the Supreme Court Rules for the

Government of the Bar of Ohio, (4) respondent complies with this and all other

orders of the Court, and (5) this court orders respondent reinstated.

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

following:

{¶ 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, 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;

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January Term, 2014

{¶ 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

respondent’s possession or control;

{¶ 11} 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;

{¶ 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 disciplinary counsel of the

Supreme Court an affidavit showing compliance with this order, showing proof of

service of the 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 and

disciplinary counsel advised of any change of address where respondent may

receive communications.

{¶ 16} 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. All case documents are subject to Sup.R. 44 through 47,

which govern access to court records.

{¶ 17} 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 respondent’s last known address.

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{¶ 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 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, O’DONNELL, LANZINGER, KENNEDY,

FRENCH, and O’NEILL, JJ., concur.

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