10/28/1997 Case Announcements - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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4
10/28/97

SUPREME COURT OF OHIO

COLUMBUS

ANNOUNCEMENT

TUESDAY
October 28, 1997

DISCIPLINARY DOCKET

97-2099. In re Neller.
On October 9, 1997, and pursuant to Gov.Bar R. V(5)(A)(3), the
Secretary of the Board of Commissioners on Grievances and
Discipline of the Supreme Court certified to the Supreme Court a
certified copy of a judgment entry of a felony conviction against
Richard Neller, a.k.a. Richard Martin Neller, an attorney
licensed to practice law in the state of Ohio.
Upon consideration thereof and pursuant to Gov.Bar R.
V(5)(A)(4), it is ordered and decreed that Richard Neller, a.k.a.
Richard Martin Neller, Attorney Registration No. 0018855, last
known address in Toledo, Ohio, be, and hereby is, suspended from
the practice of law for an interim period, effective as of the
date of this entry.
IT IS FURTHER ORDERED that this matter be, and is hereby,
referred to the Toledo Bar Association for investigation and
commencement of disciplinary proceedings.
IT IS FURTHER ORDERED that Richard Neller, a.k.a. Richard
Martin Neller, 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.
IT IS FURTHER ORDERED that, effective immediately, he be
forbidden to counsel or advise, or prepare legal instruments for
others or in any manner perform legal services for others.
IT IS FURTHER ORDERED that he 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.
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 ethics and
professional responsibility, including instruction on substance
abuse, for each six months, or portion of six months, of the

suspension.
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 this and all other orders issued by this
court; (3) respondent complies with the Supreme Court Rules for
the Government of the Bar of Ohio; and (4) this court orders
respondent reinstated.
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 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.
IT IS FURTHER ORDERED that on or before thirty days from the
date of this order, respondent shall:
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;
2. Regardless of any fees or expenses due him, 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;
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 his possession or control;
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;
5. Send all such notices required by this order by certified
mail with a return address where communications may thereafter be
directed to respondent;
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
7. Retain and maintain a record of the various steps taken
by respondent pursuant to this order.
IT IS FURTHER ORDERED that respondent shall keep the Clerk,
the Toledo Bar Association, and the Disciplinary Counsel advised
of any change of address where respondent may receive
communications.
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.
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.
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.
Douglas, J., not participating.