Disciplinary Counsel v. Brown

[Cite as Disciplinary Counsel v. Brown, ___ Ohio St.3d ___, 2017-Ohio-8009.]

DISCIPLINARY COUNSEL v. BROWN.

[Cite as Disciplinary Counsel v. Brown, ___ Ohio St.3d ___, 2017-Ohio-8009.]

(No. 2017-1232—Submitted September 6, 2017—Decided October 2, 2017.)

ON CERTIFICATION OF DEFAULT.

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{¶ 1} On September 6, 2017, and pursuant to Gov.Bar R. V(14)(A), the

Board of Professional Conduct filed with this court a certification of default,

alleging that respondent, Thomas Christopher Brown, failed to file an answer to a

formal complaint pending before the board. Respondent did not file a response.

{¶ 2} Upon consideration thereof and pursuant to Gov.Bar R. V(14)(B)(1),

it is ordered and decreed that an interim default suspension is immediately entered

against Thomas Christopher Brown, Attorney Registration No. 0024054, last

known business address in Geneva, Ohio, and that the suspension is effective as

of the date of this entry.

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

from the practice of law in any form and that he is hereby forbidden to appear on

behalf of another before any court, judge, commission, board, administrative

agency, or other public authority.

{¶ 4} It is further ordered that effective immediately, respondent is

forbidden to counsel, advise, or prepare legal instruments for others or in any

manner perform legal services for others.

{¶ 5} It is further ordered that respondent is hereby 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.

{¶ 6} It is further ordered that before entering into an employment,

contractual, or consulting relationship with any attorney or law firm, respondent

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shall verify that the attorney or law firm has complied with the registration

requirements of Gov.Bar R. V(23)(C). If employed pursuant to Gov.Bar R.

V(23), respondent shall refrain from direct client contact except as provided in

Gov.Bar R. V(23)(A)(1) and from receiving, disbursing, or otherwise handling

any client trust funds or property.

{¶ 7} 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.

{¶ 8} 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 this and all other orders issued by this

court, (3) respondent complies with the Supreme Court Rules for the Government

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

{¶ 9} 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 by the

Lawyers’ Fund for Client Protection pursuant to Gov.Bar R. VIII(7)(F). It is

further ordered by the court that if after the date of this order the Lawyers’ Fund

for Client Protection awards any amount against respondent pursuant to Gov.Bar

R. VIII(7)(F), respondent shall reimburse that amount to the Lawyers’ Fund for

Client Protection within 90 days of the notice of that award.

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

order, respondent shall do the following:

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January Term, 2017

{¶ 11} 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;

{¶ 12} 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;

{¶ 13} 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 his

possession or control;

{¶ 14} 4. Notify opposing counsel or, in the absence of counsel, the

adverse parties in pending litigation of his 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;

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

return address where communications may thereafter be directed to respondent;

{¶ 16} 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

respondent may receive communications; and

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

respondent pursuant to this order.

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{¶ 18} It is further ordered that respondent shall keep the clerk and

disciplinary counsel advised of any change of address where respondent may

receive communications.

{¶ 19} 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.

{¶ 20} 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.

{¶ 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(17)(D)(1) and that publication be

made as provided for in Gov.Bar R. V(17)(D)(2).

O’CONNOR, C.J., and O’DONNELL, KENNEDY, FRENCH, O’NEILL, FISCHER,

and DEWINE, JJ., concur.

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