01/29/2003 Case Announcements #2 - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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[Cite as 01/29/2003 Case Announcements #2, 2003-Ohio-341.]
The Supreme Court of Ohio

CASE ANNOUNCEMENTS AND ADMINISTRATIVE ACTIONS

January 29, 2003

DISCIPLINARY CASES

2002-2225. In re Wolfson.
On December 27, 2002, and pursuant to Gov.Bar R. V(5)(A)(3), the Secretary of
the Board of Commissioners on Grievances and Discipline of the Supreme Court
of Ohio certified to the Supreme Court a certified copy of a judgment entry of a
felony conviction against Richard E. Wolfson, a.k.a. Richard Evan Wolfson, an
attorney licensed to practice law in the state of Ohio.

Upon consideration thereof and pursuant to Gov.Bar R. V(5)(A)(4), it is
ordered and decreed that Richard E. Wolfson, a.k.a. Richard Evan Wolfson,
Attorney Registration No. 0041470, last known address in Portsmouth, Ohio, be,
and hereby is, suspended from the practice of law for an interim period, effective
as of the date of this entry.

IT IS FURTHER ORDERED that this matter be, and is hereby, referred to
the Ohio State Bar Association for investigation and commencement of
disciplinary proceedings.

IT IS FURTHER ORDERED that Richard E. Wolfson, a.k.a. Richard Evan
Wolfson, 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, effective immediately, he be forbidden to
counsel or advise, or prepare legal instruments for others or in any manner perform
legal services for others.

IT IS FURTHER ORDERED that he 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, 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 professional conduct required by
Gov.Bar R. X(3)(A)(1), for each six months or portion of six months of the
suspension.

IT IS FURTHER ORDERED that respondent shall not be reinstated to the
practice of law in Ohio until (1) respondent complies with the requirements for
reinstatement set forth in the Supreme Court Rules for the Government of the Bar
of Ohio; (2) respondent complies with this and all other orders issued by this court;
(3) respondent complies with the Supreme Court Rules for the Government of the
Bar of Ohio; and (4) this court orders respondent reinstated.

IT IS FURTHER ORDERED, sua sponte, by the court, that within 90 days
of the date of this order, respondent shall reimburse any amounts that have been
awarded 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 90 days of the notice of such award.

IT IS FURTHER ORDERED that on or before 30 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 him, 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 his possession
or control;

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;
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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 respondent shall keep the Clerk, the Ohio
State 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.
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