Summary
The Supreme Court of Ohio imposed an interim suspension from the practice of law on Francis Michael Pignatelli following certification of a felony-conviction judgment entry. The order also referred the matter for disciplinary investigation and imposed requirements concerning client notification, property and fee handling, continuing legal education, reimbursement to the Clients’ Security Fund, and possible reinstatement.
Topics
Practice areas
Questions Presented
- Whether a certified felony-conviction judgment entry required the Supreme Court of Ohio to impose an interim suspension from the practice of law.
- What practice restrictions and compliance obligations should accompany the interim suspension.
Holdings
- Upon certification of a certified copy of an attorney's felony-conviction judgment entry, the Supreme Court of Ohio imposed an interim suspension from the practice of law effective immediately and referred the matter to Disciplinary Counsel for investigation and disciplinary proceedings.
- During the interim suspension, Pignatelli was prohibited from practicing law or performing legal services, was required to satisfy specified client-notification, property-transfer, fee-accounting, filing, continuing-legal-education, reimbursement, and recordkeeping obligations, and could not be reinstated unless the stated rule and court-order requirements were met and the court ordered reinstatement.
Key quotations
“Upon consideration thereof and pursuant to Gov.Bar R. V(5)(A)(4), it is ordered and decreed that Francis Michael Pignatelli, Attorney Registration No. 0040933, last known business address in Akron, Ohio, is suspended from the practice of law for an interim period, effective as of the date of this entry.” (124 Ohio St. 3d at 1497)
“It is further ordered that this matter is referred to the Disciplinary Counsel for investigation and commencement of disciplinary proceedings.” (124 Ohio St. 3d at 1497)
Factual background
Francis Michael Pignatelli was an attorney licensed to practice law in Ohio. The secretary of the Board of Commissioners on Grievances and Discipline certified to the Supreme Court of Ohio a judgment entry reflecting Pignatelli's felony conviction. Based on that certified conviction, the court imposed an interim suspension and directed that disciplinary proceedings commence.
Procedural history
On January 28, 2010, the secretary of the Board of Commissioners on Grievances and Discipline certified the felony-conviction judgment entry to the Supreme Court of Ohio. The court entered an interim suspension, referred the matter to Disciplinary Counsel for investigation and disciplinary proceedings, and imposed related compliance, notice, continuing-legal-education, reimbursement, and reinstatement conditions.