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Disciplinary Counsel v. Martyniuk

Supreme Court of Ohio

June 20, 2017

Disciplinary Counsel, Relator,
v.
Andrew Osyp Martyniuk, Respondent.

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

          ORDER

          MAUREEN O'CONNOR CHIEF JUSTICE.

         On November 20, 2015, in In re: Andrew Osyp Martyniuk, case No. 2015-1863, respondent, Andrew Osyp Martyniuk, was suspended on an interim basis pursuant to Gov.Bar R. V(I8), Pursuant to this court's order, respondent was required to file with the clerk of this court an affidavit showing compliance with the order, showing proof of service of all notices required by the order, and setting forth the address where respondent would receive communications. Respondent filed an affidavit of compliance.

         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, Andrew Osyp Martyniuk, be indefinitely suspended from the practice of law, with no credit for time served under his interim felony suspension. 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 case No. 2015-1863 is dismissed and that, pursuant to Gov.Bar R. V(I2)(A)(2), respondent, Andrew Osyp Martyniuk, Attorney Registration No. 0064997, last known business address in Kent, Ohio, is indefinitely suspended from the practice of law, with no credit for the time served under his interim felony suspension, 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 effective immediately, 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)(I) and from receiving, disbursing, or otherwise handling any client trust funds or property.

         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 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 respondent's place;
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;
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;
4. Notify opposing counsel or, in tiie 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 ...

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