Disciplinary Counsel v. McCray

[Cite as Disciplinary Counsel v. McCray, ___ Ohio St.3d ___, 2019-Ohio-4558.]

DISCIPLINARY COUNSEL v. MCCRAY.

[Cite as Disciplinary Counsel v. McCray, ___ Ohio St.3d ___,

2019-Ohio-4558.]

(No. 2018-1437—Submitted October 2, 2019—Decided November 7, 2019.)

ON ORDER TO SHOW CAUSE.

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{¶ 1} On May 21, 2019, this court suspended respondent, Leah Traci

McCray, from the practice of law for a period of one year, with the entire

suspension stayed on conditions, and ordered respondent to pay board costs in the

amount of $515.19. Respondent has not paid board costs in the amount of $515.19

as ordered by the court. On October 2, 2019, this court issued an order to show

cause why respondent should not be found in contempt and the stay of her

suspension revoked for failure to pay board costs in the amount of $515.19.

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 Leah Traci McCray, Attorney Registration No. 0088751, last

known address in Lima, Ohio, is found in contempt for failure to comply with the

court’s May 21, 2019 order.

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

is revoked and that respondent is suspended from the practice of law until

respondent pays board costs in the amount of $515.19 and all interest due, 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(23)(C). If employed pursuant to Gov.Bar R. V(23),

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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.

{¶ 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 services 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, 2019

{¶ 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(17)(D)(1) and that publication be

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

O’CONNOR, C.J., and KENNEDY, FRENCH, FISCHER, DEWINE, DONNELLY,

and STEWART, JJ., concur.

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