Opinion
No. 674, 2012 ODC File No. 2012-0021-B
01-15-2013
IN THE MATTER OF A MEMBER OF THE BAR OF THE SUPREME COURT OF THE STATE OF DELAWARE: JOHN E. O'BRIEN, Respondent.
ORDER
Before STEELE, Chief Justice, HOLLAND and RIDGELY, Justices.
AND NOW, this 15th day of January 2013, upon receipt of sufficient evidence demonstrating that John E. O'Brien, Esquire ("Respondent"), a lawyer subject to the disciplinary jurisdiction of the Court, has engaged in professional misconduct which demonstrates that he poses a significant threat of substantial harm to the public and to the orderly administration of justice,
NOW, THEREFORE, IT IS HEREBY ORDERED THAT:
(1) The Respondent, John E. O'Brien, Esquire, hereby is immediately suspended from the practice of law in this State pending the disposition of this matter pursuant to the Delaware Lawyers' Rules of Disciplinary Procedure ("Procedural Rules");
(2) During the period of interim suspension, the Respondent shall not: (a) share in any legal fees arising from clients or cases referred by him during the period of suspension to any other lawyer or (b) share in any legal fees earned for services by others during such period of suspension. The Respondent also shall be prohibited from having any contact with clients or prospective clients or witnesses or prospective witnesses when acting as a paralegal, legal assistant, or law clerk under the supervision of a member of the Delaware Bar;
(3) This Order shall be made public;
(4) The Office of Disciplinary Counsel shall file a petition in the Court of Chancery for the appointment of a Receiver of the Respondent's law practice pursuant to Procedural Rule 24, and the Receiver shall provide notice to clients, adverse parties, and others as required by Procedural Rule 23;
(5) The Receiver shall make such arrangements as may be necessary to protect the interests of any of the Respondent's clients and the public; and
(6) The Respondent shall cooperate in all respects with the Receiver, including providing him with all law office books and records.
BY THE COURT:
Randy J. Holland
Justice