Ashtabula Cty. Bar Assn. v. Brown

[Cite as Ashtabula Cty. Bar Assn. v. Brown, ___ Ohio St.3d ___, 2017-Ohio-8753.]

ASHTABULA COUNTY BAR ASSOCIATION v. BROWN.

[Cite as Ashtabula Cty. Bar Assn. v. Brown, ___ Ohio St.3d ___,

2017-Ohio-8753.]

(No. 2016-1147—Submitted November 21, 2017—Decided December 1, 2017.)

ON NOTICE OF VIOLATION AND MOTION TO LIFT STAY.

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{¶ 1} On July 6, 2017, the court suspended respondent, Thomas

Christopher Brown, from the practice of law for a period of two years, fully

stayed on the conditions that he (1) remove any reference to his firm’s having

been established in 1981, (2) within 60 days of the date of the suspension order,

permanently alter the signage outside his law office to remove the name

“O’Neill,” (3) within 14 days of the date of the suspension order, destroy all

business cards bearing the name “O’Neill & Brown Law Offices” and submit an

affidavit to this court averring that the cards have been destroyed, (4) refrain from

advertising or communicating in any manner that he is practicing in the “O’Neill

& Brown Law Office” except in biographical references to his former law-firm

affiliations, and (5) engage in no further professional misconduct. The court

further ordered that if respondent violated the conditions of the stay, the stay

would be lifted and he would serve the entire two-year suspension.

{¶ 2} On October 13, 2017, relator, Ashtabula County Bar Association,

filed a notice of violation and motion to lift stay. Upon consideration thereof, it is

ordered and adjudged by this court that respondent, Thomas Christopher Brown,

Attorney Registration No. 0024054, last known business address in Geneva, Ohio,

is found in contempt for failure to comply with the court’s July 6, 2017 order. It

is further ordered that the previously imposed stay of the suspension is revoked

and that respondent shall serve the entire two-year suspension.

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

from the practice of law in any form and 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 respondent is hereby 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

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 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 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

such award.

{¶ 8} 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

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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.

{¶ 9} 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.

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

order, respondent shall do the following:

{¶ 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 respondent’s

possession or control;

{¶ 14} 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

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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 the

respondent may receive communications; and

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

respondent pursuant to this order.

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

Ashtabula County Bar Association, and disciplinary counsel advised of any

change of address where respondent may receive communications.

{¶ 19} It is further ordered 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.

{¶ 20} 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, FISCHER, and

DEWINE, JJ., concur.

O’NEILL, J., not participating.

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