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

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[Cite as In re Resignation of Pees, 92 Ohio St.3d 1207, 2001-Ohio-162.]

IN RE RESIGNATION OF PEES.
[Cite as In re Resignation of Pees (2001), 92 Ohio St.3d 1207.]
Attorneys at law -- Resignation with disciplinary action pending -- Gov.Bar R.
V(11)(G)(3).
(No. 01-530 -- Submitted April 25, 2001 -- Decided May 25, 2001.)
ON AFFIDAVIT OF RESIGNATION and AUTHORIZATION AND RELEASE PURSUANT TO
GOV.BAR R. V(11)(G)(1).
__________________

On March 14, 2001, respondent, Randall William Pees, Attorney
Registration No. 0034257, last known business address in Columbus, Ohio, who
was admitted to the bar of this state on the 27th day of October, 1967, 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 April 11, 2001,
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), Randall William Pees's resignation as an attorney and counselor at
law is 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 Randall William Pees 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 Randall William Pees to practice law in
the state of Ohio be withdrawn; that henceforth Randall William Pees shall cease
to hold himself forth as an attorney authorized to appear in the courts of this state;

SUPREME COURT OF OHIO
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 Randall William Pees 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, Randall William Pees,
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
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January Term, 2001
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 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
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SUPREME COURT OF OHIO
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, COOK and
LUNDBERG STRATTON, JJ., concur.
__________________
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