Disciplinary Counsel v. Griffith

[This decision has been published in Ohio Official Reports at 

.]




                   OFFICE OF DISCIPLINARY COUNSEL v. GRIFFITH.
             [Cite as Disciplinary Counsel v. Griffith, 

.]
Attorneys at law—Misconduct—Reciprocal discipline from Arizona—Suspension until
        respondent is reinstated in Arizona—Gov.Bar R. V(11)(F)(4).
               (No. 2001-1878—Submitted and decided April 30, 2002.)
     ON CERTIFIED ORDER of the Supreme Court of Arizona, No. SB-01-0041-D.
                                  __________________
        {¶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 October 22, 2001, relator, Disciplinary Counsel, filed with this court
a certified copy of an order of the Supreme Court of Arizona entered June 18, 2001, in
In the Matter of Gregg H. Griffith in case No. SB-01-0041-D, disbarring respondent,
Gregg H. Griffith, a.k.a. Gregg Holly Griffith, from the practice of law in the state of
Arizona. On March 5, 2002, 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, Gregg H. Griffith, a.k.a. Gregg Holly Griffith,
Attorney 

 last known business address in Phoenix, Arizona,
be suspended from the practice of law in Ohio until such time as he is reinstated to the
practice of law in the state of Arizona.
        {¶4} IT IS FURTHER ORDERED that the respondent, Gregg H. Griffith,
a.k.a. Gregg Holly Griffith, 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 30 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 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 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 90 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 Arizona;




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(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 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 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 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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