In re Resignation of McSwiney - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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[Cite as In re Resignation of McSwiney, 90 Ohio St.3d 1237, 2000-Ohio-101.]

IN RE RESIGNATION OF MCSWINEY.
[Cite as In re Resignation of McSwiney (2000), 90 Ohio St.3d 1237.]
Attorneys at law -- Resignation with disciplinary action pending -- Gov.Bar R.
V(11)(G)(3).
(No. 00-1674 -- Submitted November 15, 2000 -- Decided November 28, 2000.)
ON AFFIDAVIT OF RESIGNATION and AUTHORIZATION AND RELEASE PURSUANT TO
GOV.BAR R. V(11)(G)(1).

On September 18, 2000, respondent, Charles Ronald McSwiney, Attorney
Registration No. 0010484, last known address in Dayton, Ohio, who was admitted to the
bar of this state on the 2nd day of November, 1968, submitted an affidavit of resignation
and authorization and release pursuant to Gov.Bar R. V(11)(G)(1). The affidavit and
authorization and release were referred to Disciplinary Counsel pursuant to Gov.Bar R.
V(11)(G)(2). On October 17, 2000, Disciplinary Counsel filed under seal his report with
this court in accordance with Gov.Bar R. V(11)(G)(2). Upon consideration thereof,

IT IS ORDERED BY the court that pursuant to Gov.Bar R. V(11)(G)(3), Charles
Ronald McSwiney's resignation as an attorney and counselor at law is accepted and that
the resignation be a resignation with disciplinary action pending. It is further ordered that
his certificate of admission to the bar of Ohio be, and the same hereby is, ordered cancelled
and that the name of Charles Ronald McSwiney be stricken from the roll of attorneys of
this court.

IT IS FURTHER ORDERED AND ADJUDGED that from and after this date all
rights and privileges extended to Charles Ronald McSwiney to practice law in the state of
Ohio be withdrawn; that henceforth Charles Ronald McSwiney shall cease to hold himself
forth as an attorney authorized to appear in the courts of this state; that he 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, or in any way perform or 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.

IT IS FURTHER ORDERED that Charles Ronald McSwiney 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.

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 the respondent, Charles Ronald McSwiney,
surrender his certificate of admission to practice to the Clerk of this court on or before
thirty days from the date of this order.

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 resignation 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
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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 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 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.
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.
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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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