[Cite as In re Resignation of Cheselka , ___ Ohio St.3d ___, 2021-Ohio-236.]

I N RE R ESIGNATION OF C HESELKA

. [Cite as In re Resignation of Cheselka , ___ Ohio St.3d ___, 2021-Ohio-236.] Attorneys at law—Resignation with disciplinary action pending—Gov.Bar R. VI(11)(C). (No. 2020-1586—Submitted January 27, 2021—Decided February 1, 2 021.)

O N A PPLICATION FOR R ETIREMENT OR R ESIGNATION

P URSUANT TO G OV .B AR R. VI(11).

____________________ {¶ 1} Michael Joseph Cheselka Jr., Attorney Registration No. 0076667, last known address in Cleveland, Ohi o, who was admitted to the bar o f this state on November 10, 2003, submitted an app lication for retirement or r esignation pursuant to Gov.Bar R. VI(11). The appli cation was referred to discipli nary counsel pursuant to Gov.Bar R. VI(11)(B). On December 31, 2020, the Of fice of Attorney Services filed disciplinary counsel’s report, under seal, with this court in accordance with Gov.Bar R. VI(11)(B)(2). {¶ 2} On consideration thereof, it is ordered by the court that pursu ant to Gov.Bar R. VI(11)(C), the resignation as an attorney and counse lor at law is accepted as a resignation w ith disciplinary action pending. {¶ 3} It is further ordered and adjudged that from and after this dat e all rights and privileges extended to respondent to practice law in the state of Ohio be withdrawn, that henceforth respondent shall cease to hold himse lf forth as an attorney authorized to appear in the courts of this state, and that respondent shall not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 soc iety, nor in any way perform or seek to perform services for anyone, no matter how c onstituted, thatS UPREME C OURT OF O HIO

2 must by law be executed by a duly appointed and qualified attor ney within the state

of Ohio. {¶ 4} It is further ordered that res pondent desist and refrain from t he practice of law in any form, either as principal or agent or cl erk or employee of another, and 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 hereby is forbidden to give another an opinion a s to the law or its application or advise w ith relation thereto. {¶ 5} 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. {¶ 6} It is further ordered that respondent shall not enter into an employment, contractual, or consulting relationship with an att orney or law firm with which respondent was associat ed as a partner, shareholder, member, or employee at the time respondent engaged in the misconduct that resulted in this acceptance of respondent’s resig nation with discipline pending. {¶ 7} It is further ordered that res pondent shall surrender responden t’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 stric ken from the roll of attorneys maintained by this court. {¶ 8} 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 against respondent by the Lawyers’ Fund fo r Client Protection pursuant to Gov.Bar R. VIII(7)(F). It is further ordered by the court that if after t he date of this order theJanuary Term, 2021

3 Lawyers’ Fund for Client Protection awards any amount against r espondent pursuant to Gov.Bar R. VIII(7)( F), respondent shall reimburse t hat amount to the Lawyers’ Fund for Client Protection within 90 days of the notic e of that award. {¶ 9} It is further ordered that on or before 30 days from the date o f this order, respondent shall do the following: {¶ 10} 1. Notify all clients being represented in pending matters and any cocounsel of respondent’s resigna tion and consequent disqualifi cation to act as an attorney after the effective da te of this order and, in the abs ence of cocounsel, 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; {¶ 11} 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 cocouns 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; {¶ 12} 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 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 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; {¶ 14} 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; {¶ 15} 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 ofS UPREME C OURT OF O HIO

4 service of the notices required herein, and setting forth the a ddress where respondent 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 until such time as respondent fully complies with this order, respondent shall keep the clerk and disciplina ry counsel advised of any change of address where res pondent may receive communicatio ns. {¶ 18} It is further ordered that all documents filed with this court in this case shall meet the filing require ments set forth in the Rules of Practice of the Supreme Court of Ohio, including requirements as to form, numbe r, and timeliness of filings. All case documents are subject to Sup.R. 44 throug h 47, which govern

access to court records. {¶ 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 to resp ondent’s last known

address. {¶ 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)(E)(1) and tha t publication be made as provided for in Gov.Bar R. V(17)(E)(2).

O’C ONNOR , C.J., and K ENNEDY , F ISCHER , D E W INE , D ONNELLY , S TEWART , and B RUNNER , JJ., concur.

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