Disciplinary Counsel v. Qucsai

2021-Ohio-299 (Ohio 2021) · Supreme Court of Ohio · February 4, 2021 · No. 2021-0032

Summary

The Supreme Court of Ohio entered an interim default suspension against Robert James Qucsai III after he failed to answer a disciplinary complaint. The order immediately prohibited him from practicing law and imposed continuing legal education, client-notification, reimbursement, and reinstatement requirements.

Court
Supreme Court of Ohio
Writing for the Court
Maureen O'Connor, C.J.
Jurisdiction
Ohio
Decision date
February 4, 2021
Docket number
2021-0032
Procedural posture
The Board of Professional Conduct certified respondent's default after he failed to answer a formal disciplinary complaint. The Supreme Court of Ohio entered an interim default suspension and related conditions.
Precedential value
Published Ohio Supreme Court decision; case-specific disciplinary order
Disposition
other

Topics

appellate procedureremediesequitable relief

Practice areas

attorney disciplineprofessional responsibilitylegal ethics

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 and respondent filed no response.
  2. What conditions and continuing obligations should accompany the interim default suspension.

Holdings

  1. Upon the Board of Professional Conduct's certification of default and respondent's failure to respond, the Supreme Court of Ohio entered an interim default suspension effective immediately under Gov.Bar R. V(14)(B)(1).
  2. A respondent subject to the interim default suspension must immediately cease practicing law and comply with the order's restrictions and administrative obligations, including client notification, transfer of client property, fee refunds and trust-accounting, continuing-education requirements, and conditions for reinstatement.

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 Robert James Qucsai III (¶ 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 Robert James Qucsai III failed to file an answer to a formal disciplinary complaint pending before the board. Qucsai did not file a response to the certification of default. Based on that default, the Supreme Court entered an interim suspension effective immediately and imposed obligations concerning legal practice, clients, trust property, continuing legal education, reinstatement, and client-protection reimbursements.

Procedural history

On January 8, 2021, the Board of Professional Conduct filed a certification of default under Gov.Bar R. V(14)(A), alleging that Robert James Qucsai III failed to answer a formal complaint. Qucsai did not respond. The Supreme Court of Ohio issued an order under Gov.Bar R. V(14)(B)(1) imposing an immediate interim default suspension and directing compliance with related professional, client-protection, continuing-education, and notice requirements.

Court Document

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