In re Resignation of Lynch

Summary

The Supreme Court of Ohio accepted David Marlborough Lynch’s resignation from the practice of law as a resignation with disciplinary action pending under Gov.Bar R. VI(11)(C). The order withdraws his authority to practice law, strikes his name from the roll of attorneys, and imposes related client-notification, property-return, fee-refund, recordkeeping, and reimbursement obligations.

Holdings

1. Pursuant to Gov.Bar R. VI(11)(C), the court accepted Lynch's resignation as an attorney and counselor at law with disciplinary action pending.
2. Upon acceptance of the resignation, Lynch's rights and privileges to practice law in Ohio were withdrawn, his name was ordered stricken from the roll of attorneys, and he was prohibited from practicing law or holding himself out as authorized to practice.
3. Lynch was required to comply with specified post-resignation obligations, including notifying clients and opposing parties, transferring client papers and property, refunding unearned fees, accounting for trust property, filing proof of compliance, surrendering registration materials, and reimbursing qualifying Lawyers' Fund for Client Protection awards.

Questions Presented

1. Whether the Supreme Court of Ohio should accept Lynch's application for resignation under Gov.Bar R. VI(11) as a resignation with disciplinary action pending.
2. What restrictions and compliance obligations follow from acceptance of an attorney's resignation with disciplinary action pending.

Disposition

other