04.09.2014 Views

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

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

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

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

Case Summaries- 217<br />

represent his clients with honesty and integrity. In mitigation, he has no prior discipline, submitted<br />

character letters from colleagues, refunded money to both clients although the mitigating effect is<br />

diminished by his delay in waiting just before the panel hearing to do so. BCGD Proc.Reg. 10(B)(2) (a),<br />

(c), (e). He acted out <strong>of</strong> self-interest, committed multiple <strong>of</strong>fenses, engaged in a pattern <strong>of</strong> misconduct,<br />

and could not explain his misdeeds. BCGD Proc.Reg. 10(B)(1)(b), (c) and (d). Board recommended a<br />

suspension for one year with six months stayed on conditions <strong>of</strong> no other ethical violations and full<br />

accounting to the clients for fees and expenses and refunds <strong>of</strong> any funds still owed and probation for one<br />

year upon reinstatement and establishment <strong>of</strong> an <strong>of</strong>fice accounting system to accurately track receipts and<br />

disbursements <strong>of</strong> client funds. The court ordered a suspension for two years with the last year stayed on<br />

conditions <strong>of</strong> no ethical violations and fully accounting and refunding any unverified fees and expenses<br />

owed to the client with interest at the statutory rate for judgments and upon reinstatement probation for<br />

one year and in addition to meeting requirements for Gov.Bar R. V(9), establish an <strong>of</strong>fice accounting<br />

system to accurately track receipts and disbursement <strong>of</strong> clients‘ funds.<br />

Rules Violated: DR 1-102(A)(4), 1-102(A)(5), 1-102(A)(6), 2-106(A), 7-101(A)(1), 7-101(A)(3), 9-<br />

102(B)(1), 9-102(B)(3), 9-102(B)(4)<br />

Aggravation: (b), (c), (d)<br />

Mitigation: (a), (c), (e)<br />

Prior Discipline: YES (x2) Procedure/ Process Issues: YES Criminal Conduct: NO<br />

Public Official: NO Sanction: Two-year suspension, 12 months stayed

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!