[Cite as Disciplinary Counsel v. Mako, ___ Ohio St.3d ___, 2014-Ohio-4896.]

DISCIPLINARY COUNSEL V. MAKO. 

[Cite as Disciplinary Counsel v. Mako, ___ Ohio St.3d ___, 2014-Ohio-4896.] 

Attorneys at law—Reciprocal discipline from the Disciplinary Hearing 

Commission of the State Bar of North Carolina—Indefinite suspension—

Gov.Bar R. V(11)(F)(4). 

(No. 2014-1575—Submitted October 29, 2014—Decided November 4, 2014.) 

ON CERTIFIED ORDER of the Disciplinary Hearing Commission of the State Bar of 

North Carolina, Case No. 13 DHC 33 

__________________ 

{¶ 1} This cause is pending before the Supreme Court of Ohio in 

accordance with the reciprocal discipline provisions of Gov.Bar R. V(11)(F). 

{¶ 2} On September 10, 2014, relator, disciplinary counsel, filed with 

this court a certified copy of an order of the Disciplinary Hearing Commission of 

the State Bar of North Carolina entered July 18, 2014, in The North Carolina 

State Bar v. Sue E. Mako, in Case No. 13 DHC 33, disbarring respondent from the 

practice of law. On September 22, 2014, this court ordered respondent to show 

cause why identical or comparable discipline should not be imposed in this state. 

{¶ 3} On consideration thereof, it is ordered and adjudged by this court 

that, pursuant to Gov.Bar R. V(11)(F)(4), respondent, Sue Elaine Mako, Attorney 

Registration No. 0007358, last known business address in Wilmington, North 

Carolina, is indefinitely suspended from the practice of law. It is further ordered 

that respondent may not petition for reinstatement until five years from the date of 

this order, and respondent will not be reinstated to the practice of law in Ohio 
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until such time as respondent is reinstated to the practice of law in the state of 

North Carolina. 

{¶ 4} It is further ordered that respondent immediately cease and desist 

from the practice of law in any form and is forbidden to appear on behalf of 

another before any court, judge, commission, board, administrative agency, or 

other public authority. 

{¶ 5} It is further ordered that respondent is forbidden to counsel, advise, 

or prepare legal instruments for others or in any manner perform legal services for 

others. 

{¶ 6} It is further ordered that respondent is divested of each, any, and all 

of the rights, privileges, and prerogatives customarily accorded to a member in 

good standing of the legal profession of Ohio. 

{¶ 7} 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. 

{¶ 8} It is further ordered that, pursuant to Gov.Bar R. X(13), 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 education required by Gov.Bar R. X(13), respondent shall 

complete one credit hour of instruction related to professional conduct required by 

Gov.Bar R. X(3)(B), for each six months, or portion of six months, of the 

suspension. 

{¶ 9} 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 
January Term, 2014 

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against respondent 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 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 that award. 

{¶ 10} It is further ordered that respondent shall not be reinstated to the 

practice of law in Ohio until (1) respondent 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 the Supreme Court Rules for the 

Government of the Bar of Ohio, (3) respondent files evidence with the clerk of 

this court and with disciplinary counsel demonstrating his reinstatement to the 

practice of law in North Carolina, (4) respondent complies with this and all other 

orders issued by this court, and (5) this court orders respondent reinstated. 

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

order, respondent shall do the following: 

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

co-counsel of respondent's suspension 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 his place; 

{¶ 13} 2. Regardless of any fees or expenses 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-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; 

{¶ 14} 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; 
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{¶ 15} 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; 

{¶ 16} 5. Send all notices required by this order by certified mail with a 

return address where communications may thereafter be directed to respondent; 

{¶ 17} 6. File with the clerk of this court 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 

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

respondent pursuant to this order. 

{¶ 19} It is further ordered that respondent shall keep the clerk and 

disciplinary counsel advised of any change of address where respondent 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 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. 

{¶ 21} It is further ordered that service shall be deemed made on 

respondent by sending this order, 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 
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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, O’DONNELL, LANZINGER, KENNEDY,

FRENCH, and O’NEILL, JJ., concur. 

______________________