disciplinary handbook: volume v - Supreme Court - State of Ohio

Case Summaries- 105
disgorgement of unearned fee to one grievant, and ultimately cooperated in the disciplinary process
after the complaint was certified. BCGD Proc.Reg. 10(B)(2)(a), (d), and (f). The court noted that
neglect and failure to cooperate generally warrants indefinite suspension, but giving consideration to
Baas (1997) and Marosan (2005), as well as respondent‘s eventual cooperation with the disciplinary
investigation, the court adopted the board‘s findings of fact, conclusions of law and recommended
sanction. The court ordered that respondent be suspended for two years, six months stayed on the
conditions that within 90 days of the date of this opinion respondent 1) make full accounting to the
affected clients for fees paid to him, 2) make full restitution to the affected clients for unearned fees, and
3) return to his clients all files and other materials to which they are entitled; and within 30 days relator
appoint a monitor to ensure that restitution is made. Respondent will not be reinstatement until he has
made full accounting and restitution to the affected clients and returned all files and materials.
Rules Violated: Prof.Cond.R. 1.3, 1.4(a)(3), 1.4(a)(4), 1.15, 1.15(d), 1.16(d), 1.16(e), 8.1(b), 8.4(c),
8.4(d), 8.4(h); Gov.Bar R. V(4)(G)
Aggravation: (b), (c), (e), (h)
Mitigation: (a), (d), (f)
Prior Discipline: NO Procedure/ Process Issues: YES Criminal Conduct: NO
Public Official: NO Sanction: Two-year suspension, 6 months stayed