In re Resignation of Elsass

Summary

The Supreme Court of Ohio accepted Tobias Harold Elsass’s resignation from the practice of law as a resignation with disciplinary action pending under Gov.Bar R. VI(11)(C). The order withdrew his privileges to practice law, struck his name from the roll of attorneys, and imposed related client-notification, property-delivery, reimbursement, and compliance obligations.

Holdings

1. Under Gov.Bar R. VI(11)(C), the court accepted Elsass's resignation as a resignation with disciplinary action pending.
2. Upon acceptance of the resignation, Elsass's rights and privileges to practice law in Ohio were withdrawn, and he was prohibited from practicing law or holding himself out as an attorney.
3. Elsass was required to surrender his certificate of admission, have his name stricken from the roll of attorneys, reimburse eligible Lawyers' Fund for Client Protection awards, notify clients and opposing parties, handle client property and unearned fees, file a compliance affidavit, and satisfy related employment and recordkeeping restrictions.

Questions Presented

1. Whether the Supreme Court of Ohio should accept Elsass's application for resignation under Gov.Bar R. VI(11) while disciplinary action was pending.
2. What restrictions and compliance obligations should accompany acceptance of the resignation.

Disposition

other