Summary
The Supreme Court of Ohio imposed reciprocal discipline on Thomas C. McDaniel following his suspension by the Supreme Court of Arizona. The court suspended McDaniel from practicing law in Ohio for six months, conditioned reinstatement on Arizona reinstatement and compliance with Ohio requirements, and imposed related notice, continuing-education, and reimbursement obligations.
Topics
Practice areas
Questions Presented
- Whether reciprocal discipline should be imposed in Ohio after the Supreme Court of Arizona suspended respondent.
- What conditions should govern respondent's suspension, reinstatement, probation, continuing legal education, client notification, and reimbursement obligations.
Holdings
- Under Gov.Bar R. V(11)(F)(4), respondent should be suspended from the practice of law in Ohio for six months based on the comparable suspension imposed by the Supreme Court of Arizona.
- Respondent may not be reinstated to practice law in Ohio until he is reinstated in Arizona, satisfies Ohio reinstatement requirements, complies with the Ohio court's orders, and receives an order of reinstatement from the Supreme Court of Ohio.
- During the suspension, respondent must cease practicing law, notify clients and opposing parties, return client papers and unearned fees, account for trust property, file an affidavit of compliance, complete specified continuing-legal-education requirements, and reimburse qualifying Clients' Security Fund awards.
Key quotations
“respondent, Thomas C. McDaniel, Attorney Registration No. 0056259, last known business address in Tucson, Arizona, be suspended for a period of six months from the date of this order.” (1222)
“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.” (1222)
Factual background
The Supreme Court of Arizona suspended Thomas C. McDaniel for six months and one day and placed him on probation for two years following reinstatement. Disciplinary Counsel filed the Arizona order with the Supreme Court of Ohio, which ordered McDaniel to show cause why comparable discipline should not be imposed in Ohio. McDaniel filed a response, and the Ohio court entered reciprocal discipline.
Procedural history
On January 17, 2006, Disciplinary Counsel filed a certified copy of an Arizona Supreme Court order suspending Thomas C. McDaniel for six months and one day and placing him on probation for two years after reinstatement. The Supreme Court of Ohio ordered McDaniel to show cause why identical or comparable discipline should not be imposed, received his response, and imposed a six-month Ohio suspension with conditions governing reinstatement and probation.