[Cite as In re Resignation of Gray , 123 Ohio St.3d 1217, 2009-Ohio-6413.]

I N RE R ESIGNATION OF G RAY . [Cite as In re Resignation of Gray , 123 Ohio St.3d 1217, 2009-Ohio-6413.] Attorneys at law — Resignation with disciplinary action pending — Gov.Bar R. VI(6)(C). (No. 2009-1836 — Submitted Nove mber 4, 2009 — Decided November 19, 2009.)

O N A PPLICATION FOR R ETIREMENT OR R ESIGNATION P URSUANT TO G OV .B AR R. VI(6).

__________________ {¶ 1} James Edward Gray, Attorney Registration No. 0005276, last known business address in Warren, Ohio, who was admitted to the bar of this state on November 9, 1974, 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 October 9, 2009, the Office of Attorney Services filed Discip linary 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that from and after this date all rights and privileges extended to respondent to practice law in the state of Ohio be withdrawn; that henceforth respondent sh all cease to hold himself forth as an attorney authorized to appear in the courts of this state; that respondent shall not attempt, either direc tly or indirectly, to render servi ces as an attorney or counselorS UPREME C OURT OF O HIO

2 at law to or for any individuals, corpora tion, or society or 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 qualifie d attorney within the state of Ohio. {¶ 4} It is further ordered that res pondent 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 forbi dden 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 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 dir ect 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 res pondent 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 resign ation with discipline pending. {¶ 7} It is further ordered that res pondent 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 res pondent'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 sha ll reimburse any amounts that have beenJanuary Term, 2009

3 awarded against the respondent by the Clie nts' Security Fund pursuant to Gov.Bar R. VIII(7)(F). It is further ordered, sua s ponte, 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. V III(7)(F), res pondent shall reimburse that amount to the Clients' Security Fund within 90 da ys of the notice of such award. {¶ 9} It is further ordered that on or be fore 30 days from the date of this order, respondent shall: {¶ 10} 1. Notify all clients being repres ented in pending matters and any co-counsel of respondent's resignation and c onsequent 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 a nother attorney in respondent's place; {¶ 11} 2. Regardless of any fees or ex penses due respondent, deliver to all clients being represente d in pending matters any papers or other property pertaining to the client, or notify the c lients or co-counsel, if any, of a suitable time and place where the papers or ot her 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 pendi ng litigation or, in the absence of counsel, the adverse partie s of respondent's disqualifica tion 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 {¶ 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; {¶ 15} 6. File with the Clerk of this c ourt 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 un til such time as respondent fully complies with this order, respondent sh all keep the Clerk and the Disciplinary Counsel advised of any change of address where respondent may receive

communications. {¶ 18} It is further ordered, sua sponte, th at 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 Ohi o, 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 Cour ts of Ohio, which govern

access to court records. {¶ 19} It is further ordered, sua sponte, th at service shall be deemed made on respondent by sending this order a nd 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(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, 2009

5 M OYER , C.J., and P FEIFER , L UNDBERG S TRATTON , O’C ONNOR , O’D ONNELL , L ANZINGER , and C UPP , JJ., concur.

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