Opinion
Nos. 92-905 and 92-906
Submitted October 28, 1992 —
Decided December 11, 1992.
ON MOTION to Clarify and Correct.
On September 2, 1992, we issued our opinion in the above disciplinary matters, 64 Ohio St.3d 454, 597 N.E.2d 81, in which we concurred in the findings and recommendation of the Board of Commissioners on Grievances and Discipline of the Supreme Court and suspended Sanford J. Berger and Robert M. Fertel from the practice of law in Ohio for one year. Relator suggests that clarification of our opinion is required.
Lawrence A. Turbow, Ellen S. Mandell and Marshall J. Wolf, for relator.
Sanford J. Berger, for respondent Robert M. Fertel.
Robert M. Fertel, for respondent Sanford J. Berger.
Relator's motion is well taken. Our opinion at 64 Ohio St.3d 454, 455, 597 N.E.2d 81, 82, is hereby modified to read as follows:
"* * * The record reflects that the charges of misconduct arose from respondents' representation of Daniel Gurish in connection with his claim for wrongful discharge as a Cuyahoga County deputy sheriff under Section 1983, Title 42, U.S.Code. Respondents obtained a judgment in favor of Gurish and against Cuyahoga County Sheriff McFaul in the amount of $100,000. Thereafter, pursuant to Section 1988, Title 42, U.S. Code, respondents moved for an award of attorney fees. The issue of attorney fees was settled by McFaul's payment of $30,000. At Gurish's urging, respondents accepted a total settlement `package' of $130,000."
In all other respects, said opinion is hereby ratified and affirmed.
Judgment accordingly.
MOYER, C.J., SWEENEY, HOLMES, DOUGLAS, WRIGHT, H. BROWN and RESNICK, JJ., concur.