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

I N RE R ESIGNATION OF L A C IVITA . [Cite as In re Resignatio n 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.)

O N A PPLICATION FOR R ETIREMENT OR R ESIGNATION

P URSUANT TO G OV .B AR R. VI(6).

__________________ {¶ 1} Richard James LaCivita, Attorn ey Registration No. 0003122, last

known business address in H ubbard, Ohio, who was admitte d to the bar of this state on November 7, 1975, submitted an app lication for retirement or resignation pursuant to Gov.Bar R. VI(6). The a pplication was referre d 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that from and after this date, all rights and privileges extended to respondent to practice law in the state of Ohio be withdrawn; that henceforth respondent shall cease to hold himself forth as an attorney authorized to appear in the courts of this state; and that respondent shall not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, thatS UPREME C OURT OF O HIO

2 must by law be executed by a duly appoi nted and qualified attorney within the

state of Ohio. {¶ 4} It is further ordered that res pondent 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 a ppear 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 advi se with relation thereto. {¶ 5} 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 dir ect 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 res pondent 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 resign ation 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 res pondent’s name be stricken from the roll of attorneys maintained by this court. {¶ 8} It is further ordered by the court th at within 90 days of the date of this order, respondent sh all reimburse any amounts th at have been awarded against respondent by the Clients’ S ecurity 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. V III(7)(F), res pondent shall reimburse thatamount to the Clients’ Security Fund within 90 days of the notice of such award. {¶ 9} It is further ordered that on or be fore 30 days from the date of this order, respondent shall {¶ 10} 1. Notify all clients being repres ented in pending matters and any co-counsel of respondent’s re signation and consequent di squalification 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; {¶ 11} 2. Regardless of any fees or ex penses due respondent, deliver to all clients being represente d in pending matters any papers or other property pertaining to the client or notify the clie nts or co-counsel, if any, of a suitable time and place where the papers or other prope rty 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 contro l of respondent; {¶ 13} 4. Notify opposing counsel or, in the absence of counsel, the adverse parties in pending litigation of respondent’s dis qualification 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; {¶ 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;S UPREME C OURT OF O HIO

4 {¶ 15} 6. File with the clerk and disc iplinary 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 be fore 30 days from the date of this order, respondent surrender the atto rney-registration card for the 2011/2013

biennium. {¶ 18} It is further ordered that un til such time as respondent fully complies with this order, respondent sha ll keep the clerk and disciplinary counsel advised of any change of address wher e 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 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, 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’C ONNOR , C.J., and P FEIFER , L UNDBERG S TRATTON , O’D ONNELL , L ANZINGER , C UPP , and M C G EE B ROWN , JJ., concur.

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