Summary
The Supreme Court of Ohio accepted Henry Novak’s resignation from the practice of law as a resignation with disciplinary action pending under Gov.Bar R. VI(6)(C). The order withdrew his right to practice law, struck his name from the roll of attorneys, and imposed related client-notification, recordkeeping, and reimbursement requirements.
Topics
Practice areas
Questions Presented
- Whether the court should accept Novak's application for resignation under Gov. Bar R. VI(6) while disciplinary action was pending.
- What restrictions and compliance obligations should accompany acceptance of the resignation.
Holdings
- The Supreme Court of Ohio accepted Novak's resignation as an attorney and counselor at law with disciplinary action pending pursuant to Gov. Bar R. VI(6)(C).
- Upon acceptance of the resignation, Novak's rights and privileges to practice law in Ohio were withdrawn, his name was ordered stricken from the roll of attorneys, and he was required to comply with specified client-notification, property-transfer, fee-refund, registration, and other obligations.
Key quotations
“It is ordered by the court that pursuant to Gov.Bar R. VI(6)(C), the resignation as an attorney and counselor at law is accepted as a resignation with disciplinary action pending.” (¶ 2)
“It is further ordered and adjudged that from and after this date all rights and privileges extended to respondent to practice law in the state of Ohio be withdrawn” (¶ 3)
Factual background
Henry Novak was admitted to practice law in Ohio in 1988 and had a last known business address in Brecksville, Ohio. He submitted an application for retirement or resignation under Gov. Bar R. VI(6), and the application was referred to Disciplinary Counsel. After receiving Disciplinary Counsel's report, the Supreme Court accepted Novak's resignation with disciplinary action pending.
Procedural history
Novak submitted an application for retirement or resignation. The application was referred to Disciplinary Counsel, which filed a report under seal with the Supreme Court of Ohio. The court then entered an order accepting the resignation with disciplinary action pending.