In re Bereday , 2017 Ohio 8676 ( 2017 )


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  • [Cite as In re Bereday, 
    2017-Ohio-8676
    .]
    IN RE BEREDAY.
    [Cite as In re Bereday, ___ Ohio St.3d ___, 
    2017-Ohio-6876
    .]
    (No. 2017-1627—Submitted November 16, 2017—Decided November 27, 2017.)
    ON CERTIFIED ENTRY OF FELONY CONVICTION.
    ____________________
    {¶ 1} On November 16, 2017, and pursuant to Gov.Bar R. V(18), the
    director of the Board of Professional Conduct filed with the Supreme Court a
    certified copy of a judgment entry of a felony conviction against Thaddeus Matthew
    Bereday, an attorney licensed to practice law in the state of Ohio.
    {¶ 2} Upon consideration thereof and pursuant to Gov.Bar R.
    V(18)(A)(4), it is ordered and decreed that Thaddeus Matthew Bereday, Attorney
    
    Registration No. 0061991,
     last known business address in Tampa, Florida, is
    suspended from the practice of law for an interim period, effective as of the date of
    this entry.
    {¶ 3} It is further ordered that this matter is referred to disciplinary counsel
    for investigation and the commencement of disciplinary proceedings.
    {¶ 4} It is further ordered that respondent immediately cease and desist
    from the practice of law in any form and that respondent 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 effective immediately, 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.
    SUPREME COURT 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 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.
    {¶ 10} 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.
    {¶ 11} It is further ordered that on or before 30 days from the date of this
    order, respondent shall do the following:
    2
    January Term, 2017
    {¶ 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;
    {¶ 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 respondent’s
    possession or control;
    {¶ 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 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 affiant
    may receive communications; and
    {¶ 18} 7. Retain and maintain a record of the various steps taken by
    respondent pursuant to this order.
    3
    SUPREME COURT OF OHIO
    {¶ 19} It is further ordered that 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.
    {¶ 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.
    ________________________
    4
    

Document Info

Docket Number: 2017-1627

Citation Numbers: 2017 Ohio 8676

Filed Date: 11/27/2017

Precedential Status: Precedential

Modified Date: 11/28/2017