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

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[Cite as In re Resignation of Kessen, 102 Ohio St.3d 1201, 2004-Ohio-1760.]

IN RE RESIGNATION OF KESSEN.
[Cite as In re Resignation of Kessen, 102 Ohio St.3d 1201, 2004-Ohio-1760.]
Attorneys at law -- Resignation -- Gov.Bar R. V(11)(G)(3).
(No. 2003-2199 -- Submitted March 15, 2004 -- Decided March 29, 2004.)
ON AFFIDAVIT OF RESIGNATION and AUTHORIZATION AND RELEASE PURSUANT TO
GOV.BAR R. V(11)(G)(1).
__________________
{¶1} On December 24, 2003, respondent, Stephen Charles Kessen,
Attorney Registration No. 0041995, last known business address in Cincinnati,
Ohio, who was admitted to the bar of this state on the 6th day of November, 1989,
submitted an Affidavit of Resignation and Waiver pursuant to Gov.Bar R.
V(11)(G)(1). The affidavit and waiver were referred to Disciplinary Counsel
pursuant to Gov.Bar R. V(11)(G)(2). On February 12, 2004, Disciplinary
Counsel filed under seal his report with this court in accordance with Gov.Bar R.
V(11)(G)(2). Upon consideration thereof,
{¶2} IT IS ORDERED by the court that pursuant to Gov.Bar R.
V(11)(G)(3), the resignation as an attorney and counselor at law be accepted.
{¶3} IT IS FURTHER ORDERED AND ADJUDGED that from and
after this date, all rights and privileges extended to respondent to practice law in
the state of Ohio be withdrawn; that henceforth respondent shall cease to hold
himself forth as an attorney authorized to appear in the courts of this state; that
respondent 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.

SUPREME COURT OF OHIO
{¶4} IT IS FURTHER ORDERED that respondent 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.
{¶5} IT IS FURTHER ORDERED that respondent surrender
respondent's certificate of admission to practice to the Clerk of the court on or
before 30 days from the date of this order, and that respondent's name be stricken
from the roll of attorneys maintained by this court.
{¶6} 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.
{¶7} IT IS FURTHER ORDERED that on or before 30 days from the
date of this order, respondent shall:
{¶8} 1. Notify all clients being represented in pending matters and any
co-counsel of respondent's resignation 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 respondent's place;
{¶9} 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
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January Term, 2004
time and place where the papers or other property may be obtained, calling
attention to any urgency for obtaining such papers or other property;
{¶10} 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;
{¶11} 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;
{¶12} 5. Send all such notices required by this order by certified mail
with a return address where communications may thereafter be directed to
respondent;
{¶13} 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
{¶14} 7. Retain and maintain a record of the various steps taken by
respondent pursuant to this order.
{¶15} IT IS FURTHER ORDERED that on or before 30 days from the
date of this order, respondent surrender the attorney registration card for the
2003/2005 biennium.
{¶16} 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.
{¶17} 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
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SUPREME COURT OF OHIO
of Practice of the Supreme Court of Ohio, including requirements as to form,
number, and timeliness of filings.
{¶18} 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.
{¶19} 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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