Disciplinary Counsel v. Maynard , 126 Ohio St. 3d 1208 ( 2010 )


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  • [Cite as Disciplinary Counsel v. Maynard, 
    126 Ohio St.3d 1208
    , 
    2010-Ohio-3399
    .]
    DISCIPLINARY COUNSEL v. MAYNARD.
    [Cite as Disciplinary Counsel v. Maynard,
    
    126 Ohio St.3d 1208
    , 
    2010-Ohio-3399
    .]
    Attorneys at law — Reciprocal discipline from the Supreme Court of Tennessee —
    Interim suspension — Gov.Bar R. V(11)(F)(4).
    (No. 2010-0783 — Submitted June 24, 2010 — Decided July 1, 2010.)
    ON CERTIFIED ORDER of the Supreme Court of Tennessee,
    No. M2010-00169-SC-BPR-BP.
    __________________
    {¶ 1} This cause is pending before the Supreme Court of Ohio in
    accordance with the reciprocal discipline provisions of Gov.Bar R. V(11)(F).
    {¶ 2} On May 3, 2010, relator, Disciplinary Counsel, filed with this court
    a certified copy of an order of the Supreme Court of Tennessee entered January
    25, 2010, in In re Maynard, case No. M2010-00169-SC-BPR-BP, temporarily
    suspending respondent. Respondent did not provide written notification to the
    Clerk of this court within 30 days of the imposition of the discipline as required
    by Gov.Bar R.V(11)(F)(1). On May 12, 2010, this court ordered respondent to
    show cause why identical or comparable discipline should not be imposed in this
    state. Respondent did not file a response to the show cause order. This cause was
    considered by the court and on consideration thereof,
    {¶ 3} It is ordered and adjudged by this court that pursuant to Gov.Bar R.
    V(11)(F)(4), respondent, Jerry LaVaughn Maynard, Attorney 
    Registration No. 0062828,
     last known business address in Nashville, Tennessee, be suspended until
    such time as he is reinstated to the practice of law in the state of Tennessee.
    {¶ 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.
    SUPREME COURT OF OHIO
    {¶ 5} It is further ordered that respondent is forbidden to counsel or
    advise or prepare legal instruments for others or in any manner perform such
    services.
    {¶ 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(8)(G)(3). If employed pursuant to Gov.Bar R.
    V(8)(G), respondent shall refrain from direct client contact except as provided in
    Gov.Bar R. V(8)(G)(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(3)(G),
    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(3)(G), respondent shall
    complete one credit hour of instruction related to professional conduct required by
    Gov.Bar R. X(3)(A)(1) for each six months or portion of six months of the
    suspension.
    {¶ 9} It is further ordered, sua sponte, 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 Clients' Security Fund pursuant to Gov.Bar R.
    VIII(7)(F). It is further ordered, sua sponte, by the court that if, after the date of
    this order, the Clients' Security Fund awards any amount against respondent
    pursuant to Gov.Bar R. VIII(7)(F), respondent shall reimburse that amount to the
    Clients' Security Fund within 90 days of the notice of such award.
    2
    January Term, 2010
    {¶ 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 Tennessee, (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:
    {¶ 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 his place;
    {¶ 13} 2. Regardless of any fees or expenses due respondent, 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 the
    possession or control of respondent;
    {¶ 15} 4. Notify opposing counsel in pending litigation or, in the absence
    of counsel, the adverse parties, 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;
    3
    SUPREME COURT OF OHIO
    {¶ 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 until such time as respondent fully
    complies with this order, respondent shall keep the Clerk and the Disciplinary
    Counsel advised of any change of address where respondent may receive
    communications.
    {¶ 20} It is further ordered, sua sponte, 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.
    {¶ 21} It is further ordered, sua sponte, that service shall be deemed made
    on respondent by sending this order and all other orders in this case by certified
    mail to the most recent address respondent has given to the Office of Attorney
    Services.
    {¶ 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(8)(D)(1), that publication be
    made as provided for in Gov.Bar R. V(8)(D)(2), and that respondent bear the
    costs of publication.
    BROWN,      C.J.,   and   PFEIFER,       LUNDBERG   STRATTON,   O’CONNOR,
    O’DONNELL, LANZINGER, and CUPP, JJ., concur.
    ______________________
    4
    

Document Info

Docket Number: 2010-0783

Citation Numbers: 2010 Ohio 3399, 126 Ohio St. 3d 1208

Judges: Brown, Cupp, Lanzinger, Lundberg, O'Connor, O'Donnell, Pfeifer, Stratton

Filed Date: 7/1/2010

Precedential Status: Precedential

Modified Date: 8/31/2023