[Cite as In re McNamee, ___ Ohio St.3d ___, 2016-Ohio-2706.] 

IN RE MCNAMEE. 

[Cite as In re McNamee, ___ Ohio St.3d ___, 2016-Ohio-2706.] 

(No. 2016-0613—Submitted April 22, 2016—Decided April 27, 2016.) 

ON CERTIFIED ENTRY OF FELONY CONVICTION. 

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{¶ 1} On April 21, 2016, and pursuant to Gov.Bar R. V(18), the director of 

the Board of Professional Conduct filed with the Supreme Court a certified copy 

of a judgment entry of a felony conviction against Brian Francis McNamee, an 

attorney licensed to practice law in the state of Ohio. 

{¶ 2} Upon consideration thereof and pursuant to Gov.Bar R. V(18)(A)(4), 

it is ordered and decreed that Brian Francis McNamee, Attorney Registration No. 

0040494, last known business address in Fairview Park, Ohio, is suspended from 

the practice of law for an interim period, effective as of the date of this entry. 

{¶ 3} It is further ordered that this matter is referred to the Office of 

Disciplinary Counsel for investigation and the commencement of disciplinary 

proceedings. 

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

from the practice of law in any form and that respondent 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 effective immediately, 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. 
SUPREME COURT OF OHIO

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{¶ 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(23)(C). If employed pursuant to Gov.Bar R. 

V(23), respondent shall refrain from direct client contact except as provided in 

Gov.Bar R. V(23)(A)(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 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 this and all other orders issued by this 

court, (3) respondent complies with the Supreme Court Rules for the Government 

of the Bar of Ohio, and (4) this court orders respondent reinstated. 

{¶ 10} 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 by the 

Lawyers’ Fund for Client Protection pursuant to Gov.Bar R. VIII(7)(F). It is 

further ordered by the court that if after the date of this order, the Lawyers’ Fund 

for Client Protection awards any amount against respondent pursuant to Gov.Bar 

R. VIII(7)(F), respondent shall reimburse that amount to the Lawyers’ Fund for 

Client Protection within 90 days of the notice of that award. 
January Term, 2016 

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{¶ 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 respondent’s 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 respondent’s 

possession or control; 

{¶ 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 the 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. 
SUPREME COURT OF OHIO

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{¶ 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, to respondent’s 

last known address. 

{¶ 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(17)(D)(1) and that publication be 

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

O’CONNOR, C.J., and PFEIFER, O’DONNELL, LANZINGER, KENNEDY,

FRENCH, and O’NEILL, JJ., concur. 

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