11/26/1997 Case Announcements - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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4
11/26/97

SUPREME COURT OF OHIO

COLUMBUS

ANNOUNCEMENT

WEDNESDAY
November 26, 1997

DISCIPLINARY DOCKET

97-1651. Columbus Bar Assn. v. Elsass.
On August 7, 1997, movant, Columbus Bar Association, filed a
motion for an order requiring respondent to show cause and
memorandum in support, requesting the court to issue an order
directing respondent, Tobias H. Elsass, a.k.a. Tobias Harold
Elsass, to show cause why he should not be found in contempt of
this court for his failure to comply with the panel's rulings.
On August 14, 1997, respondent filed a memorandum contra
relator's motion for order to show cause. On August 28, 1997,
respondent filed a motion for order requiring relator to show
cause, to which movant filed a memorandum in opposition on
September 8, 1997. On September 22, 1997, this court denied
respondent's motion and granted movant's motion to the extent
respondent was ordered to show cause by filing a written response
why he should not be found in contempt. On October 14, 1997,
respondent filed a written statement showing cause why he should
not be held in contempt. On October 23, 1997, movant filed a
memorandum contra respondent's statement. On November 3, 1997,
respondent filed a response to relator's memorandum contra. Upon
consideration thereof,
IT IS ORDERED AND ADJUDGED by this court that respondent,
Tobias H. Elsass, a.k.a. Tobias Harold Elsass, Attorney
Registration No. 0024436, last known business address in
Columbus, Ohio, is hereby found in contempt of this court. It is
further ordered and adjudged that respondent be suspended from
the practice of law pending and until such time as respondent
purges himself of contempt.
IT IS FURTHER ORDERED that the respondent, Tobias H. Elsass,
a.k.a. Tobias Harold Elsass, 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 respondent is hereby forbidden to
counsel or advise or prepare legal instruments for others or in
any manner perform such services.
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.
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.
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, 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.
IT IS FURTHER ORDERED that respondent shall not be
reinstated to the practice of law in Ohio until (1) respondent
files written application with this court requesting that he be
purged of contempt and seeking reinstatement to the practice of
law and he complies with the requirements for reinstatement as
set forth in Gov.Bar R. V; (2) respondent complies with this
order and all other orders issued by this court; (3) respondent
complies with the Supreme Court Rules for the Government of the
Bar of Ohio; (4) the Columbus Bar Association files written
notification with this court confirming that respondent has
complied with the panel's rulings; and (5) this court orders
respondent reinstated to the practice of law.
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 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;
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;

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 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 on or before thirty days from the
date of this order, respondent surrender his attorney
registration card for the 1995/1997 biennium.
IT IS FURTHER ORDERED that respondent shall keep the Clerk,
the Columbus 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.
Moyer, C.J., not participating.