Opinion
No. 2019-1365
11-26-2019
COLUMBUS BAR ASSOCIATION v. FAMILY.
{¶ 1} The Board of Professional Conduct filed a final report in the office of the clerk of this court pursuant to Gov.Bar R. V(16), in which it accepted the agreement entered into by relator, Columbus Bar Association, and respondent, Christian Manning Family. The agreement set forth the misconduct and the recommended sanction of a one-year suspension from the practice of law, with the entire suspension stayed on conditions. The board recommended that the agreement be accepted. The court issued an order waiving the issuance of a show-cause order, and this matter was submitted to the court on the report and record filed by the board.
{¶ 2} On consideration thereof, it is ordered and adjudged by this court that pursuant to Gov.Bar R. V(12)(A)(3), respondent, Christian Manning Family, Attorney Registration No. 0074728, last known business address in Columbus, Ohio, is suspended from the practice of law for a period of one year, with the entire suspension stayed on the conditions that respondent: (1) serve a one-year term of monitored probation pursuant to Gov.Bar R. V(21), with the monitoring to focus on respondent's compliance with the requirements for client trust accounts set forth in Prof.Cond.R. 1.15, (2) retain the services of an accounting professional throughout the term of the probationary period to assist in the maintenance of client trust-account records and direct the accounting professional to cooperate with the monitor appointed by relator, and (3) engage in no further misconduct. It is further ordered that if respondent fails to comply with any condition of the stay, the stay will be lifted and she shall serve the full one-year suspension.
{¶ 3} It is further ordered that the Office of Attorney Services shall not issue a certificate of good standing to respondent during any period of suspension, including any stayed period of suspension.
{¶ 4} It is further ordered that on or before 30 days from the date of this order, relator shall file the name of an attorney who will monitor respondent during the probation.
{¶ 5} It is further ordered that at the end of the probationary period, relator shall file a report with this court indicating whether respondent has complied with the terms of probation, including monitoring. It is further ordered that respondent be taxed the costs of these proceedings in the amount of $3.47, 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.
{¶ 6} 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 percent per annum shall accrue as of 90 days from the date of this order and the matter may be referred to the Attorney General for collection.
{¶ 7} 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. Respondent may be held in contempt and suspended until costs and all accrued interest are paid in full.
{¶ 8} 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).
{¶ 9} 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 such award.
{¶ 10} It is further ordered that at the end of the probationary period, respondent may apply for termination of probation. It is further ordered that respondent's probation will not be terminated until (1) respondent files an application for termination of probation in accordance with Gov.Bar R. V(21)(D), (2) relator files a report with the clerk of the Supreme Court indicating that respondent has complied with the terms and conditions of probation during the probationary period, (3) respondent complies with this order and all other orders issued by this court, (4) respondent complies with the Rules for the Government of the Bar of Ohio, and (5) this court issues an order terminating respondent's probation.
{¶ 11} It is further ordered that respondent shall keep the clerk, the Columbus Bar Association, and disciplinary counsel advised of any change of address where respondent may receive communications.
{¶ 12} It is further ordered that service shall be deemed made on respondent by sending this order, and all other orders in this case, to respondent's last known address.
{¶ 13} It is further ordered that the clerk of this court issue certified copies of this order as provided for in Gov.Bar R. V(l7)(D)(l) and that publication be made as provided for in Gov.Bar R. V(17)(D)(2).
O'Connor, C.J., and Kennedy, French, Fischer, DeWine, Donnelly, and Stewart, JJ., concur.