Disciplinary Counsel v. Harp - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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[Cite as Disciplinary Counsel v. Harp, 101 Ohio St.3d 1241 , 2004-Ohio-1210.]

DISCIPLINARY COUNSEL v. HARP.
[Cite as Disciplinary Counsel v. Harp, 101 Ohio St.3d 1241, 2004-Ohio-1210.]
Attorneys at law -- Misconduct -- Reciprocal discipline from the United States
District Court, Southern District of Ohio, Western Division -- One-year
suspension -- Gov.Bar R. V(11)(F)(4).
(No. 2003-2228 -- Submitted March 8, 2004 -- Decided March 11, 2004.)
ON CERTIFIED ORDER of the United States District Court for the Southern District
of Ohio, Western Division, No. 2:03MC50.
__________________
{¶1} This cause is pending before the Supreme Court of Ohio in
accordance with the reciprocal discipline provisions of Gov.Bar R. V(11)(F).
{¶2} On December 30, 2003, relator, Disciplinary Counsel, filed with
this court a certified copy of an order of the United States District Court, Southern
District of Ohio, Western Division, entered December 11, 2003, in In re Edward
L. Harp, in case No. 2:03MC50, suspending respondent for a period of one year.
On January 23, 2004, this court ordered respondent to show cause why identical
or comparable discipline should not be imposed in this state. Respondent filed no
response to the show cause order. This cause was considered by the court and on
consideration thereof,
{¶3} IT IS ORDERED AND ADJUDGED by this court that pursuant to
Gov.Bar R. V(11)(F)(4), respondent, Edward L. Harp, Attorney Registration No.
0023236, last known business address in Georgetown, Ohio, be suspended for a
period of one year and that respondent will not be reinstated to the practice of law
in Ohio until such time as respondent is reinstated to the practice of law in the
United States Bankruptcy Court for the Southern District of Ohio.

January Term, 2004

{¶4} IT IS FURTHER ORDERED that respondent 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.
{¶5} IT IS FURTHER ORDERED that respondent is hereby forbidden
to counsel or advise or prepare legal instruments for others or in any manner
perform such services.
{¶6} IT IS FURTHER ORDERED that respondent 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.
{¶7} 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.
{¶8} 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 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 90 days of the notice of such
award.
{¶9} 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
2

January Term, 2004

Government of the Bar of Ohio; (2) respondent complies with the Supreme Court
Rules for the Government of the Bar of Ohio; (3) respondent files evidence with
the Clerk of this court and with Disciplinary Counsel demonstrating his
reinstatement to the practice of law in the United States Bankruptcy Court for the
Southern District of Ohio; (4) respondent complies with this and all other orders
issued by this court; and (5) this court orders respondent reinstated.
{¶10} IT IS FURTHER ORDERED that on or before 30 days from the
date of this order, respondent shall:
{¶11} 1. Notify all clients being represented in pending matters and any
co-counsel of respondent's suspension and 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;
{¶12} 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;
{¶13} 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;
{¶14} 4. Notify opposing counsel in pending litigation or, in the absence
of counsel, the adverse parties, of respondent's 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;
{¶15} 5. Send all notices required by this order by certified mail with a
return address where communications may thereafter be directed to respondent;
3

January Term, 2004

{¶16} 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
{¶17} 7. Retain and maintain a record of the various steps taken by
respondent pursuant to this order.
{¶18} IT IS FURTHER ORDERED that until such time as respondent
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.
{¶19} 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.
{¶20} 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 Section.
{¶21} 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., RESNICK, F.E. SWEENEY, PFEIFER, LUNDBERG STRATTON,
O'CONNOR and O'DONNELL, JJ., concur.
__________________
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