In re Resignation of Strawser , 130 Ohio St. 3d 1210 ( 2011 )


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  • [Cite as In re Resignation of Strawser, 
    130 Ohio St.3d 1210
    , 
    2011-Ohio-5774
    .]
    IN RE RESIGNATION OF STRAWSER.
    [Cite as In re Resignation of Strawser, 
    130 Ohio St.3d 1210
    , 
    2011-Ohio-5774
    .]
    Attorneys at law—Resignation with disciplinary action pending—Gov.Bar R.
    VI(6)(C).
    (No. 2011-1645—Submitted October 18, 2011—Decided October 21, 2011.)
    ON APPLICATION FOR RETIREMENT OR RESIGNATION
    PURSUANT TO GOV.BAR R. VI(6).
    __________________
    {¶ 1} Eric Jason Strawser, Attorney Registration Number 0072899, last
    known business address in Grove City, Ohio, who was admitted to the bar of this
    state on November 20, 2000, submitted an application for retirement or
    resignation pursuant to Gov.Bar R. VI(6).             The application was referred to
    Disciplinary Counsel pursuant to Gov.Bar R. VI(6)(B). On September 28, 2011,
    the Office of Attorney Services filed Disciplinary Counsel’s report, under seal,
    with this court in accordance with Gov.Bar R. VI(6)(B)(2).
    {¶ 2} On consideration thereof, it is ordered by the court that pursuant to
    Gov.Bar. R. VI(6)(C), the resignation as an attorney and counselor at law is
    accepted as a resignation with disciplinary action pending.
    {¶ 3} It is further ordered that from and after this date, all rights and
    privileges extended to respondent to practice law in the state of Ohio be
    withdrawn; that henceforth respondent shall cease to hold himself forth as an
    attorney authorized to appear in the courts of this state; that respondent shall not
    attempt, either directly or indirectly, to render services as an attorney or counselor
    at law to or for any individuals, corporation, or society, nor in any way perform or
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    seek to perform services for anyone, no matter how constituted, that must, by law,
    be executed by a duly appointed and qualified attorney within the state of Ohio.
    {¶ 4} It is further ordered that respondent desist and refrain from the
    practice of law in any form, either as principal or agent or clerk or employee of
    another, and hereby is forbidden to appear in the state of Ohio as an attorney and
    counselor at law before any court, judge, board, commission or other public
    authority, and hereby is forbidden to give another an opinion as to the law or its
    application or advise with relation thereto.
    {¶ 5} 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.
    {¶ 6} It is further ordered that respondent shall not enter into an
    employment, contractual, or consulting relationship with an attorney or law firm
    with which respondent was associated as a partner, shareholder, member, or
    employee at the time respondent engaged in the misconduct that resulted in this
    acceptance of respondent’s resignation with discipline pending.
    {¶ 7} It is further ordered that respondent surrender respondent's
    certificate of admission to practice to the clerk of the court on or before 30 days
    from the date of this order, and that respondent's name be stricken from the roll of
    attorneys maintained by this court.
    {¶ 8} 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 the respondent by the Clients' Security Fund pursuant to Gov.Bar
    2
    January Term, 2011
    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.
    {¶ 9} It is further ordered that on or before 30 days from the date of this
    order, respondent shall:
    {¶ 10} 1. Notify all clients being represented in pending matters and any
    co-counsel of respondent's resignation 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;
    {¶ 11} 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;
    {¶ 12} 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;
    {¶ 13} 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;
    {¶ 14} 5. Send all such notices required by this order by certified mail
    with a return address where communications may thereafter be directed to
    respondent;
    3
    SUPREME COURT OF OHIO
    {¶ 15} 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
    {¶ 16} 7. Retain and maintain a record of the various steps taken by
    respondent pursuant to this order.
    {¶ 17} 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.
    {¶ 18} 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. All case documents are subject to Sup.R. 44
    through 47, which govern access to court records.
    {¶ 19} 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, 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(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.
    O’CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O’DONNELL,
    LANZINGER, CUPP, and MCGEE BROWN, JJ., concur.
    ______________________
    4
    

Document Info

Docket Number: 2011-1645

Citation Numbers: 2011 Ohio 5774, 130 Ohio St. 3d 1210

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

Filed Date: 10/21/2011

Precedential Status: Precedential

Modified Date: 8/31/2023