Disciplinary Counsel v. Niehaus , 2017 Ohio 7685 ( 2017 )


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  • [Cite as Disciplinary Counsel v. Niehaus, ___ Ohio St.3d ___, 
    2017-Ohio-7685
    .]
    DISCIPLINARY COUNSEL v. NIEHAUS.
    [Cite as Disciplinary Counsel v. Niehaus, ___ Ohio St.3d ___,
    
    2017-Ohio-7685
    .]
    (No. 2017-0052—Submitted September 13, 2017—Decided September 20, 2017.)
    ON CERTIFICATION OF DEFAULT.
    ____________________
    {¶ 1} The Board of Professional Conduct filed a certification of default in
    the office of the clerk of this court on January 12, 2017. On February 10, 2017,
    this court imposed an interim default suspension upon respondent, Daniel Alan
    Niehaus, pursuant to Gov.Bar R. V(14)(B)(1). The parties were ordered to show
    cause why the interim default suspension should not be converted into an
    indefinite suspension. No objections were filed, and this cause was considered by
    the court.
    {¶ 2} On consideration thereof, it is ordered and adjudged by this court
    that pursuant to Gov.Bar R. V(14)(E)(1), respondent, Daniel Alan Niehaus,
    Attorney 
    Registration No. 0078682,
     last known address in Independence,
    Kentucky, is indefinitely suspended from the practice of law.
    {¶ 3} It is further ordered that respondent immediately cease and desist
    from the practice of law in any form and that respondent 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.
    SUPREME COURT OF OHIO
    {¶ 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 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 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
    that award.
    {¶ 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
    2
    January Term, 2017
    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 the
    possession or control of respondent;
    {¶ 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
    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
    3
    SUPREME COURT OF OHIO
    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.
    {¶ 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 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, O’NEILL, FISCHER,
    and DEWINE, JJ., concur.
    ________________________
    4
    

Document Info

Docket Number: 2017-0052

Citation Numbers: 2017 Ohio 7685

Filed Date: 9/20/2017

Precedential Status: Precedential

Modified Date: 9/20/2017