Summary
The Supreme Court of Ohio temporarily suspended Brian Francis McNamee from the practice of law after receiving a certified judgment entry of his felony conviction. The court referred the matter for disciplinary investigation and imposed requirements concerning cessation of legal practice, continuing legal education, client notification, reimbursement, and potential reinstatement.
Topics
Practice areas
Questions Presented
- Whether the filing of a certified judgment entry of an attorney's felony conviction required the Supreme Court of Ohio to impose an interim suspension under Gov.Bar R. V(18)(A)(4).
- What practice restrictions and compliance obligations should accompany the interim suspension.
Holdings
- Upon filing of a certified judgment entry of an attorney's felony conviction, the Supreme Court of Ohio imposed an interim suspension from the practice of law effective as of the date of the order.
- The suspended attorney must immediately cease practicing law and comply with specified restrictions and obligations, including client notification, transfer or return of client property, fee accounting, continuing legal education, reimbursement obligations, and reinstatement requirements.
Key quotations
“Upon consideration thereof and pursuant to Gov.Bar R. V(18)(A)(4), it is ordered and decreed that Brian Francis McNamee, Attorney Registration No. 0040494, last known business address in Fairview Park, Ohio, is suspended from the practice of law for an interim period, effective as of the date of this entry.” (¶ 2)
“It is further ordered that this matter is referred to the Office of Disciplinary Counsel for investigation and the commencement of disciplinary proceedings.” (¶ 3)
Factual background
Brian Francis McNamee was an attorney licensed to practice law in Ohio. The director of the Board of Professional Conduct filed with the Supreme Court a certified copy of a judgment entry showing that McNamee had been convicted of a felony. Based on that certified conviction, the court imposed an interim suspension and accompanying conditions governing McNamee's practice, client notifications, continuing legal education, and potential reinstatement.
Procedural history
The director of the Board of Professional Conduct filed a certified copy of a judgment entry reflecting Brian Francis McNamee's felony conviction. The Supreme Court of Ohio, acting pursuant to Gov.Bar R. V(18)(A)(4), imposed an interim suspension effective immediately and referred the matter to the Office of Disciplinary Counsel for investigation and commencement of disciplinary proceedings.