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

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[Cite as In re Resignation of Seidita, 90 Ohio St.3d 1209, 2000-Ohio-44.]

IN RE RESIGNATION OF SEIDITA.
[Cite as In re Resignation of Seidita (2000), 90 Ohio St.3d 1209.]
Attorneys at law -- Resignation with disciplinary action pending -- Gov.Bar R.
V(11)(G)(3).
(No. 00-1187 -- Submitted August 22, 2000 -- Decided September 15, 2000.)
ON AFFIDAVIT OF RESIGNATION and AUTHORIZATION AND RELEASE PURSUANT TO
GOV.BAR R. V(11)(G)(1).

On June 30, 2000, respondent, Lawrence Joseph Seidita, Attorney
Registration No. 0012526, last known business address in Youngstown, Ohio, who
was admitted to the bar of this state on the 3rd day of November, 1973, 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 July 24, 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),
Lawrence Joseph Seidita's resignation as an attorney and counselor at law be
accepted as 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 Lawrence Joseph Seidita 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 Lawrence Joseph Seidita to practice law
in the state of Ohio be withdrawn; that henceforth Lawrence Joseph Seidita shall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 Lawrence Joseph Seidita 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

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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, Lawrence Joseph Seidita,
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 other property may be obtained, calling attention to any urgency for
obtaining such papers or other property;

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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 on or before thirty days from the date of
this order, respondent surrender his attorney registration card for the l999/2001
biennium.

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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.

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 and COOK, JJ.,
CONCUR.

LUNDBERG STRATTON, J., dissents, would not accept the resignation, and
would have the disciplinary action proceed.

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