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Disciplinary Counsel v. McDaniel

Supreme Court of Ohio

June 22, 2018

Disciplinary Counsel
v.
McDaniel

          Submitted May 14, 2018

          On Certified Order of the Supreme Court of Arizona, No. PDJ-2017-9097.

         {¶ 1} This cause is pending before the Supreme Court of Ohio in accordance with the reciprocal-discipline provisions of Gov.Bar R. V(20).

         {¶ 2} On May 14, 2018, relator, disciplinary counsel, filed with this court a certified copy of an order of the Presiding Disciplinary Judge of the Supreme Court of Arizona entered January 2, 2018, in In the Matter of a Suspended Member of the State Bar of Arizona, Thomas C McDaniel III , in case No. PDJ-2017-9097, suspending respondent from the practice of law for a period of one year to be served consecutively to a previously imposed two-year suspension. On May 16, 2018, this court ordered respondent to show cause why identical or comparable discipline should not be imposed in this state. No objections were filed, and this cause was considered by the court.

         {¶ 3} On consideration thereof, it is ordered and adjudged by this court that pursuant to Gov.Bar R. V(20)(B), respondent, Thomas C. McDaniel III, Attorney Registration No. 0056259, last known business address in Tucson, Arizona, is suspended from the practice of law for a period of one year, with the suspension to be served consecutively to the two-year suspension imposed in Disciplinary Counsel v. McDaniel, case No. 2018-0041. It is further ordered that 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 Arizona.

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

         {¶ 5} 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.

         {¶ 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(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.

         {¶ 8} It is further ordered that pursuant to Gov.Bar R. X(13), 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(13), respondent shall complete one credit hour of instruction related to professional conduct required by Gov.Bar R. X(3)(B) 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 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.

         {¶ 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 Arizona, (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 do the following:

         {¶ 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 ...


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