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

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Case Summaries- 240 ordered an indefinite suspension with reinstatement conditioned upon proof that any alcohol and mental health problems have been resolved, that he followed all treatment recommendations including OLAP contract; that he is able to return to the competent, ethical and professional practice of law; payment of all settlement monies that the client in Count 3 is entitled to receive; and one year of monitored probation upon reinstatement. Rules Violated: Prof.Cond.R. 1.1, 1.3, 1.4(c), 1.15(d); DR 1-104(A), 1-104(B), DR 6-101(A)(3), 7- 101(A)(1), 9-102(B)(4); Gov.Bar R. V(4)(G) Aggravation: (d), (e), (g), (h) Mitigation: NONE Prior Discipline: YES Procedure/ Process Issues: YES Criminal Conduct: NO Public Official: NO Sanction: Indefinite Suspension
O’Malley, Disciplinary Counsel v. 126 Ohio St.3d 443, 2010-Ohio-3802. Decided 8/24/2010. Case Summaries- 241 Respondent pleaded guilty on a single count of transporting and importation of obscene matters in violation of 18 U.S.C. §1462(a). He was sentenced on October 3, 2008 to 15 months in prison and three years of supervised release. On December 4, 2008, he received an interim felony suspension from the practice of law in In re O’Malley, 120 Ohio St.3d 1426, 2008-Ohio-6274. Respondent was elected recorder of Cuyahoga County in 1998, 2000, and 2004. After winning the 2008 primary, he agreed to plead guilty. He resigned his elected office. The misconduct occurred from February 18, 1998 through November 16, 2004. The panel and board accepted the parties‘ consent-to-discipline agreement to a DR 1-102(A)(6) violation and a 12 month suspension with credit for time served, but the Supreme Court of Ohio rejected the agreement. At the disciplinary hearing, respondent testified that the obscene materials were erotic photographs of adults and erotic stories that he and his wife had viewed in the privacy of their home. He claimed his former wife broke into his home, seized the computers, and turned them over to the FBI to gain an advantage over him in their then pending divorce and childcustody litigation. Based on the parties stipulations, as well as the hearing testimony, the panel and board found a violation of DR 1-102(A)(6) and recommended a 12-month suspension with credit for time served under the interim felony suspension. The Court accepted the Boards finding of a DR 1-102(A)(6) violation, but disagreed with the recommended sanction. There were no aggravating factors. In mitigation, respondent lacked a prior disciplinary record, fully cooperated and made free disclosure in the disciplinary process, had received other penalties or sanctions for this conduct, did not cause any harm to his clients, and provided evidence of otherwise good character. BCGD Proc.Reg. 10(B)(2)(a), (d), (f), and (e). Respondent expressed genuine remorse and accepted responsibility for the consequences of his actions, including bankruptcy, loss of his job, and potentially the loss of his law license. The Court noted that the cases cited by the Board in its recommendation as to sanction dealt with financial crimes, not sexual crimes. The Court noted that in two cases involving sexual misconduct, Ridenbaugh (2009) and Linnen (2006), the attorneys received indefinite suspensions. The Court noted that, at first glance, these cases seemed to involve more serious misconduct than respondent‘s importation of obscenity depicting consenting adults, but those attorneys actually served less time in prison than respondent. The Court ordered that respondent be suspended from the practice of law for two years, with credit for time served for the interim felony suspension, and as a condition to reinstatement respondent must complete his federal supervised release. Two justices dissented and would have adopted the Board‘s recommended sanction of a 12-month suspension with credit for time served under the interim felony suspension. Rules Violated: DR 1-102(A)(6) Aggravation: NONE Mitigation: (a), (d), (e), (f) Prior Discipline: NO Procedure/ Process Issues: NO Criminal Conduct: YES Public Official: YES Sanction: Two-year suspension
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The Supreme Court of Ohio Board of
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Table of Cases Table of Cases- 1 [F
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Drain, Cuyahoga Cty. Bar Assn. v. 1
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Horton, Disciplinary Counsel v. 124
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Markovich, Akron Bar Assn. v. 117 O
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Table of Cases- 9 Ramos, Cleveland
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Table of Cases- 11 Stuard, Becker,
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Case Summaries Allerding, Columbus
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Case Summaries- 15 Archer, Northwes
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Case Summaries- 17 intermittently o
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Bartels, Allen Cty. Bar Assn. v. 12
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Blair, Disciplinary Counsel v. 128
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Case Summaries- 23 Bowling, Discipl
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Broschak, Disciplinary Counsel v. 1
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Brown, Dayton Bar Assn. v. 124 Ohio
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Brown, Allen Cty. Bar Assn. v. 124
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Brueggeman, Disciplinary Counsel v.
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Bunstine, Disciplinary Counsel v. 1
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Bursey, Disciplinary Counsel v. 124
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Butler, Disciplinary Counsel v. 128
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Campbell, Disciplinary Counsel v. 1
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Cantrell, Disciplinary Counsel v. 1
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Cantrell, Disciplinary Counsel v. 1
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Case Summaries- 45 abuse impede his
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Case Summaries- 47 respondent‘s d
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Case Summaries- 49 with a client if
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Case Summaries- 51 not DR 1-102(A)(
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Clovis, Columbus Bar Assn. v. 125 O
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Corrigan, Geauga Cty. Bar Assn. v.
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Cunningham, Butler Cty. Bar Assn. v
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Davis, Disciplinary Counsel v. 121
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Dawson, Cleveland Metropolitan Bar
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DeLoach, Akron Bar Assn. v. 130 Ohi
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Detweiler, Disciplinary Counsel v.
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DiCato, Akron Bar Assn. v. 130 Ohio
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DiMartino, Mahoning Cty. Bar Assn.
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Doellman, Disciplinary Counsel v. 1
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Drain, Cuyahoga Cty. Bar Assn. v. 1
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Ellis, Columbus Bar Assn. v. 120 Oh
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Emerson, Cincinnati Bar Assn. v. 12
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Farah, Toledo Bar Assn. v. 125 Ohio
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Farrell, Cincinnati Bar Assn. v. 12
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Fink, Akron Bar Assn. v. 131 Ohio S
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Folwell, Disciplinary Counsel v. 12
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Freedman, Akron Bar Assn. v. 128 Oh
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Freeman, Disciplinary Counsel v. 12
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Freeman, Disciplinary Counsel v. 11
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Frost, Disciplinary Counsel v. 122
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Case Summaries- 95 his goal of gain
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Gibson, Akron Bar Assn. v. 128 Ohio
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Glaeser, Cuyahoga Cty. Bar Assn. v.
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Goldblatt, Disciplinary Counsel v.
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Gottehrer, Cleveland Metro. Bar Ass
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Case Summaries- 105 disgorgement of
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Grote, Cincinnati Bar Assn. v. 127
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Hackett, Cincinnati Bar Assn. v. 12
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Case Summaries- 111 presented evide
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Hanni, Mahoning Cty. Bar Assn. v. 1
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Hauck, Cincinnati Bar Assn. v. 129
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Heiland, Disciplinary Counsel v. 11
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Heisler, Cincinnati Bar Assn. v. 11
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Henry, Disciplinary Counsel v. 127
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Hickman, Toledo Bar Assn. v. 119 Oh
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Hildebrand, Cleveland Metro. Bar As
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Holda, Akron Bar Assn. v. 125 Ohio
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Horan, Disciplinary Counsel v. 123
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Hoskins, Disciplinary Counsel v. 11
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Howard, Disciplinary Counsel v. 123
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Hunter, Columbus Bar Assn. v. 130 O
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Jackel, Ohio State Bar Assn. v. 118
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Jackson, Disciplinary Counsel v. 12
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Jaffe, Cleveland Metro Bar Assn. v.
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Johnson, Toledo Bar Assn. v. 121 Oh
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Johnson, Cuyahoga Cty. Bar Assn. v.
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Johnston, Disciplinary Counsel v. 1
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Jones, Mahoning Cty. Bar Assn. v. 1
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Kaplan, Cleveland Metro. Bar Assn.
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Kealy, Cleveland Metro. Bar Assn. v
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Kellogg-Martin, Disciplinary Counse
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Kelly, Disciplinary Counsel. v. 121
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Case Summaries- 159 other assets in
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Case Summaries- 161 none of the mon
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Case Summaries- 163 Although the un
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Kubyn, Lake Cty. Bar Assn. v. 121 O
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Landis, Disciplinary Counsel v. 124
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Lapine, Disciplinary Counsel v. 128
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Larkin, Columbus Bar Assn. v. 128 O
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Case Summaries- 173 Board‘s findi
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Lawson, Cincinnati Bar Assn. v. 119
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Lawson, Cincinnati Bar Assn. v. 130
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Lentes, Disciplinary Counsel v. 120
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Lewis, Medina Cty. Bar Assn. v. 121
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Case Summaries- 183 and blame the w
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Longino, Disciplinary Counsel v. 12
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Lowden, Toledo Bar Assn. v. 117 Ohi
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Page 195 and 196: Manning, Disciplinary Counsel v. 11
Page 197 and 198: Marosan, Stark Cty. Bar Assn. v. 11
Page 199 and 200: Martin, Toledo Bar Assn. v. 131 Ohi
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Page 259 and 260: Potter, Disciplinary Counsel v. 126
Page 261 and 262: Pullins, Disciplinary Counsel v. 12
Page 263 and 264: Case Summaries- 261 disqualificatio
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Page 267 and 268: Case Summaries- 265 history, no dis
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Page 271 and 272: Resnick, Ohio State Bar Assn. v. 12
Page 273 and 274: Ricketts, Disciplinary Counsel v. 1
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Page 287 and 288: Rust, Toledo Bar Assn. v. 124 Ohio
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Sanz, Cincinnati Bar Assn. v. 128 O
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Saunders, Greene Cty. Bar Assn. v.
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Sayler, Cleveland Metro. Bar Assn.
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Case Summaries- 297 1.5(a), 1.16(d)
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Schram, Dayton Bar Assn. v. 122 Ohi
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Scott, Toledo Bar Assn. v. 129 Ohio
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Shaw, Disciplinary Counsel v. 126 O
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Shea, Columbus Bar Assn. v. 117 Ohi
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Shuler, Disciplinary Counsel v. 129
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Siewert, Disciplinary Counsel. v. 1
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Simon, Disciplinary Counsel v. 128
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Smith, Disciplinary Counsel v. 124
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Smith, Disciplinary Counsel v. 128
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Smithern, Akron Bar Assn. v. 125 Oh
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Squire, Disciplinary Counsel v. 130
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Stafford, Disciplinary Counsel v. 1
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Stoll, Erie-Huron Grievance Commt.
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Stuard, Becker, and Bailey, Discipl
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Taylor, Disciplinary Counsel v. 120
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Theisler, Mahoning Cty. Bar Assn. v
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Thomas, Cleveland Metro. Bar Assn.
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Case Summaries- 333 court entered a
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Trainor, Cincinnati Bar Assn. v. 12
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Troxell, Columbus Bar Assn. v. 129
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Troy, Lake Cty. Bar Assn. v. 130 Oh
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Case Summaries- 341 professionals i
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Vivyan, Disciplinary Counsel v. 125
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Case Summaries- 345 offenses, there
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Walker, Disciplinary Counsel v. 119
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Weisberg, Toledo Bar Assn. v. 124 O
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Case Summaries- 351 Chandlers to di
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Williams, Disciplinary Counsel v. 1
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Williamson, Butler Cty. Bar Assn. v
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Wineman, Disciplinary Counsel v. 12
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Wittbrod, Akron Bar Assn. v. 130 Oh
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Yeager, Disciplinary Counsel v. 123
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Zaffiro, Cleveland Metro. Bar Assn.
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Zigan, Disciplinary Counsel v. 118
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Bennett (2/4/2010) (unlawfully stru
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Clovis (5/5/2010) (as required by G
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on inactive status and while under
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suspension, and remanded to board t
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violations for attempt to dismiss a
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Wineman (5/6/2009) Wolanin (4/1/200
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Willette (3/20/2008) DR 2-103(C) (r
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Patterson (12/2/2009) Ryan (8/27/20
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DR 7-102(A)(5) (knowingly making fa
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DR 9-102(B)(4) (failure to promptly
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Dearfield (10/19/2011) DeLoach (8/3
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McNerney (5/28/2009)(term suspensio
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Hoppel (6/8/2011) Hunter (11/15/201
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Rule 1.5(a) (charging or collecting
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Gottehrer (3/17/2010) Gresley (12/2
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Marshall (2/12/2009) Martin (12/15/
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Meade (12/22/2010) Medley (1/27/201
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