[Cite as Cleveland Metro. Bar Assn. v. Aten , ___ Ohio St.3d ___, 2018-Ohio-5.]

C LEVELAND M ETROPOLITAN B AR A SSOCIATION v . A TEN

. [Cite as Cleveland Metro. Bar Assn. v. Aten , ___ Ohio St.3d ___, 2018-Ohio-5.] (No. 2018-1706

— Submitted November 30, 2018

— Decided January 3, 2019.)

O N C ERTIFICATION OF D EFAULT

.

____________________ {¶ 1} On November 30, 2018, and pursuant to Gov.Bar R. V(14)(A), the

Board of Professional Conduct filed with this court a certification of default, alleging that respondent, Michael Branch At en Jr., failed to file an answer to a formal complaint pending before the boar d. Respondent did not file a response. {¶ 2} Upon consideration thereof and pursu ant to Gov.Bar R. V(14)(B)(1), it is ordered and decreed that an interim default suspension is immediately entered against Michael Branch Aten Jr., Attorney Registration No. 0083386, last known business address in Cleveland Heights, Ohio, and that the suspension is effective as of the date of this entry. {¶ 3} It is further ordered that res pondent immediately cease and desist from the practice of law in any form and that he is hereby forbidden to appear on behalf of another before any court, judge, commission, board, administrative agency, or other public authority. {¶ 4} It is further ordered that effective immediately, respondent is forbidden to counsel, advise, or prepare legal instruments for others or in any manner perform legal services for others. {¶ 5} 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 th e legal profession of Ohio. {¶ 6} It is further ordered that before entering into an employment, contractual, or consulting relationship with any attorn ey or law firm, respondentS UPREME C OURT OF O HIO

2 shall verify that the attorney or law firm has complied with the registration requirements of Gov.Bar R. V(23)(C). If employed pursuant to Gov.Bar R. V(23), respondent shall refrain from direct client contact except as provided in Gov.Bar R. V(23)(A)(1) and from receiving, disbursing, or otherwise handling any client trust funds or property. {¶ 7} It is further ordered that pursuan t to Gov.Bar R. X(13), respondent shall complete one credit hour of continuing legal e ducation 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(13), respondent shall complete one credit hour of instruction re lated to professiona l conduct required by Gov.Bar R. X(3)(B) for each six months, or portion of six months, of the suspension. {¶ 8} It is further ordered that respondent shall not be reinstated to the practice of law in Ohio until (1) responde nt 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 c ourt orders respondent reinstated. {¶ 9} It is further ordered by the court th at within 90 days of the date of this order, respondent shall reimburse any amounts that have been awarded by the Lawyers’ Fund for Client Protection pursuant to Gov.Bar R. VIII(7)(F). It is further ordered by the court that if after the date of this order the Lawyers’ Fund for Client Protection awards any amount against respondent pursuant to Gov.Bar R. VIII(7)(F), respondent shall reimburse that amount to the Lawyers’ Fund for Client Protection within 90 days of the notice of that award. {¶ 10} It is further ordered that on or before 30 days from the date of this order, respondent shall do the following:January Term, 2018

3 {¶ 11} 1. Notify all clients being repres ented in pending matters and any co-counsel of respondent’s suspension and consequent disqualification to act as an attorney after the effective date of th is order and, in the absence of co-counsel, also notify the clients to seek legal services elsewhere, calling attention to any urgency in seeking the substitution of a nother attorney in respondent’s place; {¶ 12} 2. Regardless of any fees or expe nses due, deliver to all clients being represented in pending matters any papers or other property pertaining to the client, or notify the clients or co-couns el, 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 his possession or control; {¶ 14} 4. Notify opposing counsel or, in the absence of counsel, the adverse parties in pending litigation 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 be fore 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 th ereafter be directed to respondent; {¶ 16} 6. File with the clerk of this c ourt and disciplinary counsel of the Supreme Court an affidavit showing complia nce with this order, showing proof of service of the notices required herein, and setting forth the address where respondent may receive communications; and {¶ 17} 7. Retain and maintain a record of the various steps taken by respondent pursuant to this order.S UPREME C OURT OF O HIO

4 {¶ 18} It is further ordered that respondent shall keep the clerk, the Cleveland Metropolitan Bar Association, a nd disciplinary counsel advised of any change of address where responde nt may receive communications. {¶ 19} It is further ordered 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 re quirements as to form, number, and timeliness of filings. All case documents are subject to Sup.R. 44 through 47, which govern access to court records. {¶ 20} It is further ordered that se rvice shall be deemed made on respondent by sending this or der, and all other orders in this case, by certified mail to the most recent address respondent has given to the Office of Attorney

Services. {¶ 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(17)(D)(1) and that publication be made as provided for in Gov.Bar R. V(17)(D)(2).

O’C ONNOR , C.J., and K ENNEDY , F RENCH , F ISCHER , D E W INE , D ONNELLY , and S TEWART , JJ., concur.

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