Cincinnati Bar Assn. v. May

2017 Ohio 863 (Ohio 2017) · Supreme Court of Ohio · March 13, 2017 · No. 2017-0193

Summary

The Supreme Court of Ohio entered an interim default suspension against attorney Neal Allen May after he failed to answer a formal disciplinary complaint. The order prohibits him from practicing law, imposes continuing legal education and reinstatement requirements, and directs him to notify clients, courts, and opposing parties of his suspension.

Court
Supreme Court of Ohio
Writing for the Court
Maureen O'Connor, Chief Justice; William M. O'Donnell, Justice; Maureen O'Connor, Justice; Lynn W. Kennedy, Justice; Jennifer Brunner, Justice; Patricia Ann Blackmon, Justice; Terrence O'Donnell, Justice
Jurisdiction
Ohio
Decision date
March 13, 2017
Docket number
2017-0193
Procedural posture
On certification of default in an attorney-discipline proceeding.
Precedential value
Published Supreme Court of Ohio per curiam disciplinary order; binding as to the disposition and application of the cited Ohio bar rules.
Disposition
other

Topics

defaultappellate procedurecivil procedure

Practice areas

attorney disciplinelegal ethicsprofessional responsibility

Questions Presented

  1. Whether the Supreme Court of Ohio should enter an interim default suspension after the Board of Professional Conduct certified that respondent failed to answer a formal disciplinary complaint.

Holdings

  1. Upon certification of default under Gov.Bar R. V(14)(A), and in the absence of a respondent's response, the court entered an interim default suspension under Gov.Bar R. V(14)(B)(1).
  2. The interim suspension immediately prohibited May from practicing law or performing legal services, imposed client-notification and property-delivery obligations, required continuing legal education and reimbursement of Lawyers' Fund awards, and conditioned reinstatement on compliance with the governing bar rules and court orders.

Key quotations

Upon consideration thereof and pursuant to Gov.Bar R. V(14)(B)(1), it is ordered and decreed that an interim default suspension is immediately entered against Neal Allen May, Attorney Registration No. 0062317, last known business address in Cincinnati, Ohio, and that the suspension is effective as of the date of this entry. (¶ 2)
It is further ordered that respondent shall not be reinstated to the practice of law in Ohio until (1) respondent complies with the requirements for reinstatement set forth in the Supreme Court Rules for the Government of the Bar of Ohio, (2) respondent complies with this and all other orders issued by this court, (3) respondent complies with the Supreme Court Rules for the Government of the Bar of Ohio, and (4) this court orders respondent reinstated. (¶ 8)

Factual background

The Board of Professional Conduct alleged that respondent Neal Allen May failed to file an answer to a formal complaint pending before the board. The board certified the default to the Supreme Court of Ohio, and May filed no response. Based on the certification, the court immediately suspended May from the practice of law on an interim default basis.

Procedural history

The Board of Professional Conduct filed a certification of default alleging that Neal Allen May failed to answer a formal complaint pending before the board. May did not respond. The Supreme Court of Ohio entered an interim default suspension and imposed related practice, notice, continuing-education, reimbursement, and reinstatement requirements.

Court Document

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