[Cite as In re Resignation of McArdle, __ Ohio St.3d __, 2015-Ohio-4357.]

IN RE RESIGNATION OF MCARDLE. 

[Cite as In re Resignation of McArdle, ___ Ohio St.3d ___, 2015-Ohio-4357.] 

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

VI(7)(C). 

(No. 2015-1438—Submitted October 14, 2015—Decided October 22, 2015.) 

ON APPLICATION FOR RETIREMENT OR RESIGNATION

PURSUANT TO GOV.BAR R. VI(7). 

____________________ 

{¶ 1} Thomas Joseph McArdle, Attorney Registration No. 0038799, last 

known address in Sylvania, Ohio, who was admitted to the bar of this state on 

November 16, 1987, submitted an application for retirement or resignation pursuant 

to Gov.Bar R. VI(7). The application was referred to disciplinary counsel pursuant 

to Gov.Bar R. VI(7)(B). On August 31, 2015, the Office of Attorney Services filed 

disciplinary counsel’s report, under seal, with this court in accordance with 

Gov.Bar R. VI(7)(B)(2). 

{¶ 2} On consideration thereof, it is ordered by the court that pursuant to 

Gov.Bar R. VI(7)(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withdrawn, that henceforth respondent shall cease to hold himself forth as an 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, nor in any way perform or 

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. 
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{¶ 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(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. 

{¶ 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 shall 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 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 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 
January Term, 2015 

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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. 

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

order, respondent shall do the following: 

{¶ 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, 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 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; 

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

return address where communications may thereafter be directed to respondent; 

{¶ 15} 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 
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{¶ 16} 7. Retain and maintain a record of the various steps taken by 

respondent pursuant to this order. 

{¶ 17} 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. 

{¶ 18} 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. 

{¶ 19} 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. 

{¶ 20} 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. 

__________________________