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Toledo Bar Association v. Harvey

Supreme Court of Ohio

May 31, 2017

Toledo Bar Association, Relator,
v.
Beauregard Maximillion Harvey, Respondent.

         Slip Opinion No. 2017-Ohio-4022.

          ON CERTIFIED REPORT BY THE BOARD OF PROFESSIONAL CONDUCT OF THE SUPREME COURT ORDER

          Maureen O'Connor Chief Justice

          The Board of Professional Conduct filed its final report in this court on December 12, 2016, recommending that, pursuant to Gov.Bar R. V(I2)(A)(2), respondent, Beauregard Maximillion Harvey, be indefinitely suspended from the practice of law with no credit for time served under his existing suspensions. No objections to said final report were filed, and this cause was considered by the court.

         On consideration thereof, it is ordered and adjudged by this court that pursuant to Gov.Bar R. V(I2)(A)(I), respondent, Beauregard Maximillion Harvey, Attorney Registration No. 0078717, last known business address in Sylvania, Ohio, is permanently disbarred from the practice of law consistent with the opinion rendered herein.

         It is further ordered that respondent immediately cease and desist from the practice of law in any form and respondent is forbidden to appear on behalf of another before any court, judge, commission, board, administrative agency, or other public authority.

         It is further ordered that respondent is forbidden to counsel, advise, or prepare legal instruments for others or in any manner perform legal services for others.

         It is further ordered that respondent is hereby 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.

         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.

         It is further ordered that respondent shall not enter into an employment, contractual, or consulting relationship with any 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 disbarment.

          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.

         It is further ordered that respondent be taxed the costs of these proceedings in the amount of $1, 560.95, which costs shall be payable to this court by cashier's check or money order on or before 90 days from the date of this order. It is further ordered that if these costs are not paid in full on or before 90 days from the date of this order, interest at the rate of 10% per annum shall accrue as of 90 days from the date of this order on the balance of unpaid board costs, respondent wilt be found in contempt of the Supreme Court, and the matter will be referred to the office of the Attorney General for collection. It is further ordered that respondent is liable for all collection costs pursuant to R.C. 131.02 if the debt is certified to the Attorney General for collection.

         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 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.

         It is further ordered that on or before 30 days from the date of this order, respondent shall do the following:

1. Notify all clients being represented in pending matters and any co-counsel of respondent's disbarment 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 ...

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