Disciplinary Counsel v. Smith

[This decision has been published in Ohio Official Reports at 

.]




                    OFFICE OF DISCIPLINARY COUNSEL v. SMITH.
             [Cite as Disciplinary Counsel v. Smith, 

.]
Attorneys at law—Misconduct—Reciprocal discipline from Missouri—Indefinite
        suspension—Gov.Bar R. V(11)(F)(4).
             (No. 01-1366—Submitted and decided October 18, 2001.)
    ON CERTIFIED ORDER OF THE SUPREME COURT OF MISSOURI, NO. SC83226.
                                  __________________
        {¶ 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 July 30, 2001, relator, Disciplinary Counsel, filed with this court a
certified copy of an order of the Supreme Court of Missouri entered May 29, 2001, in In
re Charlie Smith, Jr., Supreme Court case No. SC83226, disbarring respondent, Charlie
Smith, Jr. On August 8, 2001, this court ordered respondent to show cause why identical
or comparable discipline should not be imposed in this state. Respondent filed no 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, Charlie Smith, Jr., Attorney 

 last
known address in St. Charles, Missouri, be indefinitely suspended from the practice of law
in Ohio and he will not be reinstated to the practice of law in Ohio until such time as he is
reinstated to the practice of law in the state of Missouri.
        {¶ 4} IT IS FURTHER ORDERED that the respondent, Charlie Smith, Jr.,
immediately cease and desist from the practice of law in any form and is hereby forbidden
to appear on behalf of another before any court, judge, commission, board, administrative
agency, or other public authority.
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        {¶ 5} IT IS FURTHER ORDERED that respondent is hereby 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 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.
        {¶ 7} IT IS FURTHER ORDERED that respondent surrender his certificate of
admission to practice to the Clerk of this court on or before thirty days from the date of this
order, and that his name be stricken from the roll of attorneys maintained by this court.
        {¶ 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 ninety
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 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 the respondent pursuant to Gov.Bar
R. VIII(7)(F), the respondent shall reimburse that amount to the Clients’ Security Fund
within ninety days of the notice of such 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 Missouri; (4) respondent




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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 thirty days from the date of
this order, respondent shall:
        {¶ 12} 1. Notify all clients being represented in pending matters and any co-counsel
of his suspension and his 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
services 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 his 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




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           {¶ 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 he 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 Attorney Registration Office.
           {¶ 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.
           MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and
LUNDBERG STRATTON, JJ., concur.
                                __________________




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