[Cite as In re Resignation of Allen, 124 Ohio St.3d 1224, 2010-Ohio-1197.]

IN RE RESIGNATION OF ALLEN. 

[Cite as In re Resignation of Allen, 124 Ohio St.3d 1224, 2010-Ohio-1197.] 

Attorneys at law — Resignation with disciplinary action pending — Gov.Bar R. 

VI(6)(C). 

(No. 2010-0177 — Submitted February 17, 2010 — Decided March 4, 2010.) 

ON APPLICATION FOR RETIREMENT OR RESIGNATION

PURSUANT TO GOV.BAR R. VI(6). 

__________________ 

{¶ 1} Philip Lon Allen, Attorney Registration No. 0034620, last known 

business address in Columbus, Ohio, who was admitted to the bar of this state on 

November 12, 1986, submitted an Application for Retirement or Resignation 

pursuant to Gov.Bar R. VI(6). The application was referred to Disciplinary 

Counsel pursuant to Gov.Bar R. VI(6)(B). On January 28, 2010, 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). Upon consideration thereof, 

{¶ 2} 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withdrawn; that henceforth respondent shall cease to hold himself forth as an 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; 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 
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seek to perform services for anyone, no matter how constituted, that must, by law, 

be executed by a duly appointed and qualified attorney within the state of Ohio. 

{¶ 4} It is further ordered that respondent desist and refrain from the 

practice of law in any form, either as principal or agent or clerk 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 as to the law or its 

application or advise with relation thereto. 

{¶ 5} 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. 

{¶ 6} It is further ordered that respondent 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 resignation 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 respondent's name be stricken from the roll of 

attorneys maintained by this court. 

{¶ 8} It is further ordered, sua sponte, by the court that within 90 days of 

the date of this order, respondent shall reimburse any amounts that have been 

awarded against respondent by the Clients' Security Fund pursuant to Gov.Bar R. 
January Term, 2010 

3 

VIII(7)(F). It is further ordered, sua sponte, 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 such award. 

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

order, respondent shall: 

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

co-counsel of respondent's resignation 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; 

{¶ 11} 2. Regardless of any fees or expenses due respondent, 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; 

{¶ 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 control of respondent; 

{¶ 13} 4. Notify opposing counsel in pending litigation or, in the absence 

of counsel, the adverse parties 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; 

{¶ 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; 
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{¶ 15} 6. File with the Clerk of this court and the 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 

{¶ 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 before 30 days from the date of this 

order, respondent surrender the attorney registration card for the 2009/2011 

biennium. 

{¶ 18} It is further ordered that until such time as respondent fully 

complies with this order, respondent shall keep the Clerk and the Disciplinary 

Counsel advised of any change of address where respondent may receive 

communications. 

{¶ 19} It is further ordered, sua sponte, 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 Rules 44 

through 47 of the Rules of Superintendence for the Courts of Ohio, which govern 

access to court records. 

{¶ 20} It is further ordered, sua sponte, 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. 

{¶ 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. 
January Term, 2010 

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 MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, O’CONNOR,

O’DONNELL, LANZINGER, and CUPP, JJ., concur. 

_______________________