[Cite as Mahoning Cty. Bar Assn. v. Fagnano, 136 Ohio St.3d 1232, 2013-Ohio-2937.]

M AHONING C OUNTY B AR A SSOCIATION v . F AGNANO . [Cite as Mahoning Cty. Bar Assn. v. Fagnano, 136 Ohio St.3d 1232, 2013-Ohio-2937.] (No. 2013-0812

— Submitted July 1, 2013

— Decided July 8, 2013.)
O N C ERTIFICATION OF D EFAULT

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____________________ {¶ 1} On May 20, 2013, 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, Frank Nicholas Fagnano, 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 Frank Nichol as Fagnano, Attorney Registration No. 0081516, last known business address in Boar dman, 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 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 educa tion required by Gov.Bar R. X(3)(G), respondent shall complete one credit hour of instruction re lated to professiona l conduct required by Gov.Bar R. X(3)(A)(1), for each six m onths, 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 Clients’ Security Fund pursuant to Gov.Bar R. VIII(7)(F). It is further ordered by
the court that if after the date of this or der, 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’ S ecurity Fund within 90 days of the notice
of that award.January Term, 2013

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-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 on or before 30 days from the date of this order, respondent shall surrender his a ttorney-registration card for the 2011/2013 attorney-registration biennium. {¶ 19} It is further ordered that re spondent shall keep the clerk, disciplinary counsel, and the Mahoning C ounty Bar Association advised of any change of address where he may receive communications. {¶ 20} 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. {¶ 21} It is further ordered that service 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. {¶ 22} 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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