Disciplinary Counsel v. Lech , 150 Ohio St. 3d 1224 ( 2017 )


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  • [Cite as Disciplinary Counsel v. Lech, ___ Ohio St.3d ___, 
    2017-Ohio-2737
    .]
    DISCIPLINARY COUNSEL v. LECH.
    [Cite as Disciplinary Counsel v. Lech, ___ Ohio St.3d ___, 
    2017-Ohio-2737
    .]
    (No. 2017-0359—Submitted May 3, 2017—Decided May 10, 2017.)
    ON CERTIFIED ORDER of the United States Patent and Trademark Office,
    No. D2016-34
    ____________________
    {¶ 1} This cause is pending before the Supreme Court of Ohio in
    accordance with the reciprocal-discipline provisions of Gov.Bar R. V(20).
    {¶ 2} On March 14, 2017, relator, disciplinary counsel, filed with this
    court a certified copy of an order of the United States Patent and Trademark
    Office (“USPTO”) entered October 3, 2016, in In the Matter of Robert R. Lech,
    Proceeding No. D2016-34, in which the USPTO suspended respondent from the
    practice of law for 90 days and ordered him to serve probation for two years upon
    reinstatement. On March 16, 2017, this court ordered respondent to show cause
    why identical or comparable discipline should not be imposed in this state.
    Respondent filed objections to said final report, relator filed a reply, and this
    cause was considered by the court.
    {¶ 3} On consideration thereof, it is ordered and adjudged by this court
    that pursuant to Gov.Bar R. V(20)(B), respondent, Robert Raymond Lech,
    Attorney 
    Registration No. 0073078,
     last known business address in Dublin, Ohio,
    is suspended from the practice of law for 90 days. This suspension is to run
    concurrent with the USPTO suspension. It is further ordered that respondent will
    not be reinstated to the practice of law in Ohio until such time as respondent is
    reinstated to the practice of law by the USPTO. It is further ordered that upon
    reinstatement to the practice of law, respondent shall serve two years of probation.
    SUPREME COURT OF OHIO
    It is further ordered that respondent’s probation will be satisfied by respondent’s
    compliance with the probation imposed by the USPTO.
    {¶ 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.
    {¶ 5} It is further ordered that respondent is forbidden to counsel, advise,
    or prepare legal instruments for others or in any manner perform legal services for
    others.
    {¶ 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(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.
    {¶ 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
    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 by the court that within 90 days of the date of
    this order, respondent shall reimburse any amounts that have been awarded
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    January Term, 2017
    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
    that award.
    {¶ 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 the USPTO, (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 do the following:
    {¶ 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 respondent’s place;
    {¶ 13} 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;
    3
    SUPREME COURT OF OHIO
    {¶ 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 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;
    {¶ 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 surrender the attorney-registration card for the 2015/2017
    biennium. It is further ordered that until such time as respondent fully complies
    with this order, respondent shall keep the clerk and disciplinary counsel advised
    of any change of address where respondent may receive communications.
    {¶ 20} 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.
    4
    January Term, 2017
    {¶ 21} 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.
    {¶ 22} 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.
    ________________________
    5
    

Document Info

Docket Number: 2017-0359

Citation Numbers: 2017 Ohio 2737, 150 Ohio St. 3d 1224

Filed Date: 5/10/2017

Precedential Status: Precedential

Modified Date: 1/13/2023