[Cite as Cincinnati Bar Assn. v. Burgess, ___ Ohio St.3d ___, 2023-Ohio-65.]

CINCINNATI BAR ASSOCIATION v. BURGESS.

[Cite as Cincinnati Bar Assn. v. Burgess, ___ Ohio St.3d ___, 2023-Ohio-65.]

(No. 2019-1457—Submitted January 11, 2023—Decided January 13, 2023.)

ON APPLICATION FOR REINSTATEMENT.

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{¶ 1} This cause came on for further consideration upon the filing of an 

application for reinstatement by respondent, Andrew Thomas Burgess, Attorney 

Registration No. 0094128, last known address in Bothell, Washington.

{¶ 2} The court coming now to consider its order of June 30, 2021, wherein 

the court terminated the November 22, 2019 interim default suspension imposed 

against respondent and ordered that respondent’s reinstatement to the practice of 

law be conditioned upon his applying for reinstatement, demonstrating that he has 

complied with this court’s November 22, 2019 interim default suspension order, 

and submitting additional proof that he (1) had undergone an Ohio Lawyers 

Assistance Program (“OLAP”) evaluation, (2) had followed any treatment or 

counseling recommendations resulting from that evaluation, and (3) had paid the 

costs of these proceedings, finds that respondent has complied with that order and 

with the provisions of Gov.Bar R. V(24). Therefore, it is ordered by this court that 

respondent is reinstated to the practice of law in the state of Ohio.

{¶ 3} It is further ordered, consistent with this court’s June 30, 2021 

opinion, that respondent is suspended from the practice of law for a period of one 

year, fully stayed on the conditions that he (1) complete a one-year period of 

monitored probation pursuant to Gov.Bar R. V(21) with monitoring focused on 

law-office management, client communication, case management, and compliance 

with any treatment or counseling recommendations arising from the OLAP 

evaluation, (2) complete at least six hours of continuing legal education on office 
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management, client communication, and case management, in addition to the other 

requirements of Gov.Bar R. X, and (3) refrain from any further misconduct. It is 

further ordered that if respondent fails to comply with any condition of the stay, the 

stay will be lifted and he will serve the full one-year suspension.

{¶ 4} It is further ordered that the Office of Attorney Services shall not issue 

a certificate of good standing to respondent during any period of suspension, 

including any stayed period of suspension.

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

order relator shall file with the clerk of this court the name of the attorney who will 

serve as respondent’s monitor, in accordance with Gov.Bar R. V(21)(A)(3). It is 

further ordered that at the end of respondent’s probationary period, relator shall file 

with the clerk of this court a report indicating whether respondent, during the 

probationary period, complied with the terms of the probation.

{¶ 6} It is further ordered that at the end of the probationary period 

respondent may apply for termination of probation as provided in Gov.Bar R. 

V(21). It is further ordered that respondent’s probation shall not be terminated until 

(1) respondent files an application for termination of probation in compliance with 

Gov.Bar R. V(21)(D), (2) respondent complies with this and all other orders issued 

by this court, (3) respondent complies with the Rules for the Government of the Bar 

of Ohio, (4) relator files with the clerk of this court a report indicating that 

respondent has complied with the terms of the probation, and (5) this court orders 

that the probation be terminated.

{¶ 7} It is further ordered that the clerk of this court issue certified copies 

of this order as provided for in Gov.Bar R. V(17)(E)(1) and that publication be 

made as provided for in Gov.Bar R. V(17)(E)(2).

{¶ 8} For earlier case, see Cincinnati Bar Assn. v. Burgess, 165 Ohio St.3d 

274, 2021-Ohio-2187, 178 N.E.3d 476.
January Term, 2023

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KENNEDY, C.J., and FISCHER, DEWINE, DONNELLY, STEWART, BRUNNER,

and DETERS, JJ., concur.

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