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

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[Cite as In re Resignation of Walter, 90 Ohio St.3d 1245, 2000-Ohio-107.]
IN RE RESIGNATION OF WALTER.
[Cite as In re Resignation of Walter (2000), 90 Ohio St.3d 1245.]
Attorneys at law -- Resignation with disciplinary action pending -- Gov.Bar R.
V(11)(G)(3).
(No. 00-1097 -- Submitted November 29, 2000 -- Decided December 14, 2000.)
ON AFFIDAVIT OF RESIGNATION and AUTHORIZATION AND RELEASE PURSUANT TO
GOV.BAR R. V(11)(G)(1).

On June 15, 2000, respondent, Margaret Anne Walter, Attorney
Registration No. 0062772, last known business address in Elmore, Ohio, who was
admitted to the bar of this state on the 16th day of May, 1994, 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 November 8,
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),
Margaret Anne Walter's resignation as an attorney and counselor at law is
accepted as a resignation with disciplinary action pending. It is further ordered
that her certificate of admission to the bar of Ohio be, and the same hereby is,
ordered cancelled and that the name of Margaret Anne Walter 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 Margaret Anne Walter to practice law in
the state of Ohio be withdrawn; that henceforth Margaret Anne Walter shall cease
to hold herself forth as an attorney authorized to appear in the courts of this state;
that she 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

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constituted, that must, by law, be executed by a duly appointed and qualified
attorney within the state of Ohio.

IT IS FURTHER ORDERED that Margaret Anne Walter 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, Margaret Anne Walter,
surrender her 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 her resignation and her 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 her place;

2. Regardless of any fees or expenses due respondent, deliver to all
clients being represented in pending matters any papers or other property
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January Term, 2001
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 her 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 she 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
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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., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and
LUNDBERG STRATTON, JJ., concur.
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