[Cite as Disciplinary Counsel v. Oberholtzer, 138 Ohio St.3d 1268, 2014-Ohio-773.]

D ISCIPLINARY C OUNSEL v. O BERHOLTZER . [Cite as Disciplinary Counsel v. Oberholtzer, 138 Ohio St.3d 1268, 2014-Ohio-773.] (No. 2014-0135

— Submitted February 28, 2014

— Decided March 4, 2014.)

O N C ERTIFICATION OF D EFAULT

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____________________ {¶ 1} On January 27, 2014, and pursuant to Gov.Bar R. V(6a)(A), the Board of Commissioners on Grievances and Discipline filed with this court a certification of default, alleging that respondent, Mattheuw William Oberholtzer, failed to file an answer to a formal complaint pending before the board. Respondent did not file a response. {¶ 2} Upon consideration thereof a nd pursuant to Gov.Bar R. V(6a)(B)(1), it is ordered and decreed that an interim default suspension is immediately entered against Mattheuw William Oberholtzer, Attorney Registration No. 0041239, last known busine ss address in Canton, 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 responde nt 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.S UPREME C OURT OF O HIO

2 {¶ 6} It is further ordered that before entering into an employment, contractual, or consulting relationship with any attorn ey or law firm, respondent shall verify that the attorney or law firm has complied with the registration requirements of Gov.Bar R. V(8)(G)(3). If employed pursuant to Gov.Bar R. V(8)(G), respondent shall refrain from direct client contact except as provided in Gov.Bar R. V(8)(G)(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 the inst ruction related to professional 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, sua sponte, by the court that within 90 days of the date of this order, respondent sha ll 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 respondent pursuant to Gov.Bar R. VIII(7)(F), respondent shall reimburse that amount to the Clients’ Security Fund within 90 days of the notice of that award.January Term, 2014

3 {¶ 10} It is further ordered that on or before 30 days from the date of this order, respondent shall do the following: {¶ 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 service 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-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 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 res pondent shall keep the clerk and disciplinary counsel advised of any ch ange of address where respondent may

receive communications. {¶ 19} It is further ordered, sua sponte, th at 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 Ohi o, including requirements as to form, number, and timeliness of f ilings. All case documents are subject to Sup.R. 44 through 47, which govern access to court records. {¶ 20} It is further ordered, sua sponte, th at service shall be deemed made on respondent by sending this order, and a ll 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(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.

O’C ONNOR , C.J., and P FEIFER , O’D ONNELL , L ANZINGER , K ENNEDY , F RENCH , and O’N EILL , JJ., concur.

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