04/12/2005 Case Announcements - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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CASE ANNOUNCEMENTS AND ADMINISTRATIVE ACTIONS

April 12, 2005

[Cite as 04/12/2005 Case Announcements, 2005-Ohio-1702.]

DISCIPLINARY CASES

2005-0066. In re Resignation of Huegel.
On affidavit of resignation from the practice of law of Allison K. Huegel, Attorney
Registration No. 0039630, and on report filed under seal by Disciplinary Counsel.

Resignation accepted.

2005-0410. In re Taber.
On February 28, 2005, 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 Timothy James Taber, 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 Timothy James Taber, Attorney Registration No.
0022624, last known business address in Willoughby, 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 Disciplinary Counsel for investigation and commencement of disciplinary
proceedings.

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.

IT IS FURTHER ORDERED that, effective immediately, respondent 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 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.

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 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
respondent's 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
respondent's possession or control;
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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;
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 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
Section.

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.

MISCELLANEOUS ORDERS

2005-0422. Columbus Bar Assn. v. Am. Family Prepaid Legal Corp.
On March 3, 2005, relator, Columbus Bar Association, filed a motion for interim
cease and desist order and a motion to enforce settlement agreement with hearing
requested. On March 14, 2005, respondents, American Family Prepaid Legal
Corporation, et al., filed memos opposing the motions. Upon consideration
thereof,

IT IS ORDERED that the motion for interim cease and desist order be, and
hereby is, granted.
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IT IS FURTHER ORDERED, pursuant to Gov.Bar R. VII(5a)(B), that
respondents are to immediately cease and desist engaging in the unauthorized
practice of law.
IT IS FURTHER ORDERED that the Board on the Unauthorized Practice of
Law is directed to hold a hearing to consider whether the March 2003 settlement
agreement has been violated and to file a report with the court.

MEDIATION REFERRALS

The following cases have been referred to mediation pursuant to
S.Ct.Prac.R. XIV(6):

2005-0546. State ex rel. Cincinnati, Inc. v. Lowe.
Franklin App. No. 04AP-241, 2005-Ohio-516.

2005-0552. State ex rel. Phillips Cos. v. Indus. Comm.
Franklin App. No. 04AP-222, 2005-Ohio-588.

2005-0561. State ex rel. Borden Chemical, Inc. v. Mourn.
Franklin App. No. 03AP-1213, 2005-Ohio-1121.

The following case has been returned to the regular docket pursuant to
S.Ct.Prac.R. XIV(6)(E):

2005-0230. State ex rel. Pence v. Indus. Comm.
Franklin App. No. 04AP-124, 2004-Ohio-7052.

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