[Cite as Toledo Bar Assn. v. Berling , ___ Ohio St.3d ___, 2020-Ohio-1111.]

T OLEDO B AR A SSOCIATION v . B ERLING
. [Cite as Toledo Bar Assn. v. Berling , ___ Ohio St.3d ___, 2020-Ohio-1111.] (No. 2020-0420

— Submitted March 24, 2020

— Decided March 26, 2020.)
O N M OTION FOR I MMEDIATE I NTERIM R EMEDIAL S USPENSION

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____________________ {¶ 1} On March 24, 2020, and pursuant to Gov.Bar R. V(19)(A)(1)(b), relator, Toledo Bar Association, filed with this court a motion for an immediate interim remedial suspe nsion, alleging that respondent, Mark Dav id Berling, has engaged in conduct that violates the Ohio Rules of Professional Conduct and poses
a substantial threat of serious h arm to the public. On March 2 5, 2020, the parties
filed a notice with the court c onsenting to the imposition of a n interim remedial suspension. {¶ 2} Upon consideration thereof and pursuant to Gov.Bar R. V(19)(B), it is ordered and decreed that an interim remedial suspension is i mmediately entered against Mark David Berling, Attorney Registration No. 0002444, last known business address in Toledo, Ohio, and that the suspension be ef fective as of the date of this entry, pending final disposition of disciplinary procee dings predicated on the conduct threatening the serious harm. {¶ 3} It is further ordered that res pondent immediately cease and des ist from the practice of law in any form and that respondent is hereby f orbidden to appear
on behalf of another before a ny 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 p repare legal instruments for others or in any manner perform legal s ervices for others.S UPREME C OURT OF O HIO

2 {¶ 5} It is further ordered that res pondent is hereby divested of eac h, any, and all of the rights, privilege s, and prerogatives customarily accorded to a member in good standing of the leg al profession of Ohio. {¶ 6} It is further ordered that before entering into an employment, contractual, or consulting relationship with any attorney or la w firm, respondent shall verify that the attorney or law firm has complied with th e registration requirements of Gov.Bar R. V(23 )(C). If employed pursuant to G ov.Bar R. V(23), respondent shall refrain from d irect client contact except as p rovided in Gov.Bar R. V(23)(A)(1) and from receiving, d isbursing, or otherwise handli ng any client trust funds or property. {¶ 7} It is further ordered that pursuant to Gov.Bar R. X(13), respon dent shall complete one credit hour o f continuing legal education fo r each month, or portion of a month, of the suspension. As part of the total cr edit hours of continuing legal education required by Gov. Bar R. X(13), respondent shall complete one credit
hour of instruction related to professional conduct required by Gov.Bar R. X(3)(B) for each six months, or portion of six months, of the suspensio n. {¶ 8} It is further ordered that respondent shall not be reinstated t o the practice of law in Ohio until (1 ) respondent complies with the requirements for reinstatement set forth in the Supreme Court Rules for the Gove rnment 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 Go vernment of the Bar of Ohio, and (4) this court orders respondent reinstated. {¶ 9} It is further ordered by the court that within 90 days of the d ate of this order, respondent shall reimburse any amounts that have been aw arded by the Lawyers’ Fund for Client Protection pursuant to Gov.Bar R. VIII (7)(F). It is further ordered by the court that if afte r the date of this order the L awyers’ Fund for Client Protection awards any amount aga inst respondent pursuant to Gov .Bar R.January Term, 2020

3 VIII(7)(F), respondent shall reimburse that amount to the Lawye rs’ 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 o f this order, respondent shall do the following: {¶ 11} 1. Notify all clients being represented in pending matters and any co-counsel of respondent’s suspe nsion and consequent disqualif ication to act as an attorney after the effective date of this order and, in the abs ence of co-counsel, also notify the clients to seek legal services elsewhere, calling at tention to any urgency in seeking the substitution of another attorney in respondent’s place; {¶ 12} 2. Regardless of any fees or expenses due, deliver to all clie nts being represented in pending matters a ny papers or other property per taining to the client or notify the clients or co-c ounsel, 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 tha t are unearned or not paid and account for any trust money or propert y in respondent’s possession or control; {¶ 14} 4. Notify opposing counsel or, in the absence of counsel, the adverse parties in pending litigation of respondent’s disqualification to act as an attorney after the effective date of this order and file a notice of dis qualification of respondent with the court or agenc y before which the litigation is pending for inclusion in the resp ective file or files; {¶ 15} 5. Send all notices required by this order by certified mail w ith a
return address where communicati ons may thereafter be directed to respondent; {¶ 16} 6. File with the clerk of this c ourt and disciplinary counsel of the Supreme Court an affidavit showing compliance with this order, showing proof of service of the notices required herein, and setting forth the a ddress where respondent may receive communications; andS UPREME C OURT OF O HIO

4 {¶ 17} 7. Retain and maintain a record of the various steps taken by respondent pursuant to this order. {¶ 18} It is further ordered that respondent shall keep the clerk, the Toledo Bar Association, and disciplinar y counsel advised of any change of address where respondent may receive communications. {¶ 19} It is further ordered that service shall be deemed made on resp ondent by sending this order, and all other orders in this case, by ce rtified mail to the most recent address respondent has gi ven to the Office of Attorney S ervices. {¶ 20} It is further ordered that the clerk of this court issue certif ied copies of this order as provided for in Gov.Bar R. V(17)(D)(1) and tha t 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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