[Cite as Disciplinary Counsel v. Nicotera, 135 Ohio St.3d 1233, 2013-Ohio-247.]

D ISCIPLINARY C OUNSEL v . N ICOTERA

. [Cite as Disciplinary Counsel v. Nicotera, 135 Ohio St.3d 1233, 2013-Ohio-247.] Attorneys at law—Reciprocal discipline from the Supreme Court of New York, Third Department Appellate Division—Seven-year suspension—Gov.Bar R. V(11)(F)(4). (No. 2012-1886

— Submitted January 25, 2013

— Decided January 31, 2013.)

__________________ {¶ 1} This cause is pending before the Supreme Court of Ohio in accordance with the reciprocal-disciplin e provisions of Gov.Bar R. V(11)(F). {¶ 2} On November 7, 2012, relator, disc iplinary counsel, filed with this court a certified copy of an order of the Supreme Court of New York, Third Department Appellate Divisi on, entered January 24, 2000, in Commt. on Professional Stds. v. Nicotera , accepting respondent’s resignation and disbarring respondent. On November 20, 2012, this c ourt ordered respondent to show cause why identical or comparable discipline should not be imposed in this state. {¶ 3} On consideration thereof, it is or dered and adjudged by this court that pursuant to Gov.Bar R. V(11)(F)(4), respondent, Thomas Charles Nicotera, Attorney Registration No. 0018903, last know n business address in Schenectady, New York, is suspended for a period of seven years, and re spondent will not be reinstated to the practice of law in Ohio until such time as respondent is reinstated to the practice of law in the state of New York. {¶ 4} It is further ordered that res pondent immediately cease and desist from the practice of law in any form and th at he is forbidden to appear on behalf of another before any court, judge, co mmission, board, administrative agency, or other public authority.S UPREME C OURT OF O HIO

2 {¶ 5} It is further ordered that respondent is forbidden to counsel or advise or prepare legal instruments for others or in any manner perform such

services. {¶ 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 attorn ey 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(3)(G), 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 educa tion required by Gov.Bar R. X(3)(G), respondent shall complete one credit hour of instruction re lated to professiona l conduct required by Gov.Bar R. X(3)(A)(1) for each six mont hs, or portion of six months, of the suspension. {¶ 9} It is further ordered by the court th at within 90 days of the date of this order, respondent sh all reimburse any amounts that have been awarded against respondent by the Clients’ S ecurity Fund pursuant to Gov.Bar R. VIII(7)(F). It is further ordered that if after the date of this order, the Clients’ Security Fund awards any amount agains t 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.January Term, 2013

3 {¶ 10} It is further ordered that respondent shall not be reinstated to the practice of law in Ohio until (1) responde nt 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) res pondent files evidence with the clerk of this court and with disciplinary counsel demonstrating his reinstatement to the practice of law in New York, (4) respond ent 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 {¶ 12} 1. Notify all clients being repres ented in pending matters and any co-counsel of respondent’s suspension and consequent disqualification to act as an attorney after the effective date of th is 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 respondent, deliver to all clients being represente d in pending matters any papers or other property pertaining to the client or notify the client s or co-counsel, if any, of a suitable time and place where the papers or other prope rty 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 fo r any trust money or property in the possession or control of respondent; {¶ 15} 4. Notify opposing counsel or, in the absence of counsel, the adverse parties in pending litigation of re spondent’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 be fore which the litigation is pending for inclusion in the respective file or files;S UPREME C OURT OF O HIO

4 {¶ 16} 5. Send all notices required by this order by certified mail with a return address where communications may th ereafter be directed to respondent; {¶ 17} 6. File with the clerk of this c ourt and disciplinary counsel of the Supreme Court an affidavit showing complia nce 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 until such time as respondent fully complies with this order, respondent sha ll keep the clerk and disciplinary counsel advised of any change of address wher e 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 re quirements as to form, number, and timeliness of filings. {¶ 21} It is further ordered that service shall be deemed made on respondent by sending this or der, 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 as provided for in Gov.Bar R. V(8)(D)(2), and that respondent bear the costs of publication.

O’C ONNOR , C.J., and P FEIFER , O’D ONNELL , L ANZINGER , K ENNEDY , F RENCH , and O’N EILL , JJ., concur.

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