Summary
The Supreme Court of Ohio entered an interim default suspension against Timothy Eugene Potts after he failed to answer a formal disciplinary complaint. The order immediately prohibited him from practicing law and imposed continuing legal education, client-notification, reimbursement, and reinstatement requirements.
Topics
Practice areas
Questions Presented
- Whether the Supreme Court of Ohio should enter an interim default suspension upon the Board of Professional Conduct's certification that respondent failed to answer a formal disciplinary complaint.
- What practice restrictions and compliance obligations should accompany the interim default suspension.
Holdings
- Upon the Board of Professional Conduct's certification of default and respondent's failure to respond, an interim default suspension was immediately entered against Potts.
- During the interim default suspension, Potts was required to cease practicing law and was prohibited from appearing for others, providing legal services, or exercising the privileges of an Ohio attorney in good standing, subject to the specific conditions stated in the order.
- Potts may not be reinstated until he satisfies the applicable reinstatement requirements, complies with the court's orders and the Supreme Court Rules for the Government of the Bar of Ohio, and receives a reinstatement order; he must also reimburse qualifying Lawyers' Fund for Client Protection awards.
Key quotations
“an interim default suspension is immediately entered against Timothy Eugene Potts, Attorney Registration No. 0068147, last known business address in Ashland, Ohio, and that the suspension is effective as of the date of this entry.” (¶ 2)
“It is further ordered that respondent immediately cease and desist from the practice of law in any form and that he is hereby forbidden to appear on behalf of another before any court, judge, commission, board, administrative agency, or other public authority.” (¶ 3)
Factual background
The Board of Professional Conduct alleged that respondent Timothy Eugene Potts failed to file an answer to a formal disciplinary complaint. Potts did not file a response to the board's certification of default.
Procedural history
On March 20, 2018, the Board of Professional Conduct filed a certification of default alleging that Timothy Eugene Potts failed to answer a formal complaint pending before the board. Potts did not respond, and the Supreme Court of Ohio entered an interim default suspension and related practice, client-notification, continuing-education, reimbursement, and reinstatement requirements.