[Cite as In re Resignation of LaCivita, 134 Ohio St.3d 1201, 2012-Ohio-5426.] 

IN RE RESIGNATION OF LACIVITA. 

[Cite as In re Resignation of LaCivita, 134 Ohio St.3d 1201, 2012-Ohio-5426.] 

Attorneys at law—Resignation with disciplinary action pending—Gov.Bar R. 

VI(6)(C). 

(No. 2012-1768—Submitted November 13, 2012—Decided November 26, 2012.) 

ON APPLICATION FOR RETIREMENT OR RESIGNATION

PURSUANT TO GOV.BAR R. VI(6). 

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{¶ 1} Richard James LaCivita, Attorney Registration No. 0003122, last 

known business address in Hubbard, Ohio, who was admitted to the bar of this 

state on November 7, 1975, submitted an application for retirement or resignation 

pursuant to Gov.Bar R. VI(6). The application was referred to disciplinary 

counsel pursuant to Gov.Bar R. VI(6)(B). On October 19, 2012, the Office of 

Attorney Services filed disciplinary counsel’s report, under seal, with this court in 

accordance with Gov.Bar R. VI(6)(B)(2). 

{¶ 2} On consideration thereof, it is ordered by the court that pursuant to 

Gov.Bar R. VI(6)(C), the resignation as an attorney and counselor at law is 

accepted as a resignation with disciplinary action pending. 

{¶ 3} It is further ordered and adjudged that from and after this date, all 

rights and privileges extended to respondent to practice law in the state of Ohio be 

withdrawn; that henceforth respondent shall cease to hold himself forth as an 

attorney authorized to appear in the courts of this state; and that respondent shall 

not attempt, either directly or indirectly, to render services as an attorney or 

counselor at law to or for any individuals, corporation, or society, or in any way 

perform or seek to perform services for anyone, no matter how constituted, that 
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must by law be executed by a duly appointed and qualified attorney within the 

state of Ohio. 

{¶ 4} It is further ordered that respondent desist and refrain from the 

practice of law in any form, either as principal, agent, clerk, or employee of 

another, that he hereby is forbidden to appear in the state of Ohio as an attorney 

and counselor at law before any court, judge, board, commission, or other public 

authority, and that he hereby is forbidden to give another an opinion as to the law 

or its application or advise with relation thereto. 

{¶ 5} It is further ordered that before entering into an employment, 

contractual, or consulting relationship with any attorney 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. 

{¶ 6} It is further ordered that respondent shall not enter into an 

employment, contractual, or consulting relationship with an attorney or law firm 

with which respondent was associated as a partner, shareholder, member, or 

employee at the time respondent engaged in the misconduct that resulted in this 

acceptance of respondent’s resignation with discipline pending. 

{¶ 7} It is further ordered that respondent surrender respondent’s 

certificate of admission to practice to the clerk of the court on or before 30 days 

from the date of this order and that respondent’s name be stricken from the roll of 

attorneys maintained by this court. 

{¶ 8} It is further ordered by the court that within 90 days of the date of 

this order, respondent shall reimburse any amounts that have been awarded 

against respondent by the Clients’ Security Fund pursuant to Gov.Bar R. 
January Term, 2012 

3 

VIII(7)(F). It is further ordered 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 such award. 

{¶ 9} It is further ordered that on or before 30 days from the date of this 

order, respondent shall 

{¶ 10} 1. Notify all clients being represented in pending matters and any 

co-counsel of respondent’s resignation 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; 

{¶ 11} 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; 

{¶ 12} 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 the 

possession or control of respondent; 

{¶ 13} 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 disqualification of 

respondent with the court or agency before which the litigation is pending for 

inclusion in the respective file or files; 

{¶ 14} 5. Send all such notices required by this order by certified mail 

with a return address where communications may thereafter be directed to 

respondent; 
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{¶ 15} 6. File with the clerk and 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 

{¶ 16} 7. Retain and maintain a record of the various steps taken by 

respondent pursuant to this order. 

{¶ 17} It is further ordered that on or before 30 days from the date of this 

order, respondent surrender the attorney-registration card for the 2011/2013 

biennium. 

{¶ 18} It is further ordered that until such time as respondent fully 

complies with this order, respondent shall keep the clerk and disciplinary counsel 

advised of any change of address where respondent 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 requirements 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 service shall be deemed made on 

respondent by sending this order, and all other orders in this case, to respondent’s 

last known address. 

{¶ 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’CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O’DONNELL, 

LANZINGER, CUPP, and MCGEE BROWN, JJ., concur. 

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