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

DISCIPLINARY COUNSEL v. NICOTERA. 

[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-discipline provisions of Gov.Bar R. V(11)(F). 

{¶ 2} On November 7, 2012, relator, disciplinary counsel, filed with this 

court a certified copy of an order of the Supreme Court of New York, Third 

Department Appellate Division, entered January 24, 2000, in Commt. on 

Professional Stds. v. Nicotera, accepting respondent’s resignation and disbarring 

respondent. On November 20, 2012, 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, Thomas Charles Nicotera, 

Attorney Registration No. 0018903, last known business address in Schenectady, 

New York, is suspended for a period of seven years, and respondent 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 respondent immediately cease and desist 

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

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

other public authority. 
SUPREME COURT OF OHIO

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{¶ 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 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(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 education required by Gov.Bar R. X(3)(G), respondent shall 

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

Gov.Bar R. X(3)(A)(1) 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 

against respondent by the Clients’ Security 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 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. 
January Term, 2013 

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{¶ 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 New York, (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 

{¶ 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 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; 

{¶ 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; 

{¶ 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; 
SUPREME COURT OF OHIO

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{¶ 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 until such time as respondent fully 

complies with this order, 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. 

{¶ 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 

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. 

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