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

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Case Summaries- 256 December 2007, has committed to an OLAP contract and supervision, and has steadily made progress. The board modified its original recommendation of disbarment to an indefinite suspension without credit for time served in the interim. The Supreme Court accepted the board‘s recommendation, but gave respondent credit for his interim suspension based the psychologist‘s testimony, and so ordered an indefinite suspension with credit for time served, and subject to conditions upon reinstatement, including a three- year probation upon return to practice. Rules Violated: DR 1-102(A)(4), 1-102(A)(6), 1-104, 6-101(A)(3), 9-102(B)(4); Gov.Bar R. V(4)(G) Aggravation: (b), (c), (d), (e), (f) Mitigation: (a), (d) Prior Discipline: NO Procedure/ Process Issues: YES Criminal Conduct: NO Public Official: NO Sanction: Indefinite Suspension
Potter, Disciplinary Counsel v. 126 Ohio St.3d 50, 2010-Ohio-2521. Decided 6/10/2010. Case Summaries- 257 Respondent concealed the purchase of property from an estate of which he was the executor. Respondent began representing his client in 2003 and was granted power of attorney. The client‘s savings had been depleted by a previous attorney-in-fact. Respondent was forced to mortgage some of the client‘s property to pay for the client‘s medical needs. Respondent had control of the client‘s finances and was responsible for medical care decisions and handled a variety of legal matters, such as pursing litigation against the former attorney-in-fact and terminating the client‘s family trust. The client died in 2006 and respondent was made the executor of the estate. Respondent determined that it was necessary to sell some farm property to satisfy the mortgage that paid for the client‘s care. The sole beneficiary agreed. A court-approved appraiser valued the farm at $183,750. The appraisal was included in the inventory and appraisal of the estate and approved by the probate court. Respondent expressed interest in buying the farm to the beneficiary of the estate, but did not pursue it with her. Instead, in August 2007 respondent had a friend buy the property at the appraised value, using a cashier‘s check drawn from respondent‘s personal funds. Respondent did not disclose his involvement in the purchase of the farm to the beneficiary, the probate court, or the closing agent. In May 2008, respondent self-reported this misconduct to relator; met with the beneficiary, amended certain filings to reflect the purchase. Respondent waived the $90,969 in legal fees owed to him by the estate and continued to serve as the executor of the estate until it was closed in August 2009 with no other problems. It appears no one lost money. Respondent stipulated to violating Prof.Cond.R. 8.4(c) and (h); the board and the court adopted these findings of fact and conclusions of law. In aggravation, there was a dishonest/selfish motive. BCGD Proc.Reg. 10(B)(1)(b). In mitigation, the board found a lack of prior disciplinary record, an effort to rectify the misconduct, a cooperative attitude by respondent in the disciplinary process and self-reporting of the misconduct, and an otherwise good character and reputation. BCGD Proc.Reg. 10(B)(2)(a), (c), (d), and (e). The board recommended a one-year suspension, stayed on the condition of no further misconduct. As noted in Rohrer (2009) a violation of Prof.Cond.R. 8.4(c) usually results in an actual suspension unless significant mitigating factors warrant a departure. The court agreed with the board and the parties that this case is one in which significant mitigating factors are present and that the factors lead the court to conclude that respondent is unlikely to commit future misconduct. Citation to Niermeyer (2008). The court adopted the board‘s recommended one-year suspension, conditionally stayed and so ordered. Rules Violated: Prof.Cond.R. 8.4(c), 8 . 4 (h) Aggravation: (b) Mitigation: (a), (c), (d), (e) Prior Discipline: NO Procedure/ Process Issues: YES Criminal Conduct: NO Public Official: NO Sanction: One-year suspension, stayed
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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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Case Summaries- 189 8.4(h) by his a
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Mamich, Disciplinary Counsel v. 125
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Manning, Disciplinary Counsel v. 11
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Marosan, Stark Cty. Bar Assn. v. 11
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Martin, Toledo Bar Assn. v. 131 Ohi
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Mason, Toledo Bar Assn. v. 118 Ohio
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McAuliffe, Disciplinary Counsel v.
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McCord, Disciplinary Counsel v. 121
Page 207 and 208: McFaul, Cleveland Metro. Bar Assn.
Page 209 and 210: Case Summaries- 207 withdrawal. Res
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Page 213 and 214: Meade, Disciplinary Counsel v. 127
Page 215 and 216: Miller, Disciplinary Counsel v. 126
Page 217 and 218: Minamyer, Butler Cty. Bar Assn. v.
Page 219 and 220: Case Summaries- 217 represent his c
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Page 223 and 224: Mitchell, Disciplinary Counsel v. 1
Page 225 and 226: Mullaney, Brooking, and Moeves, Cin
Page 227 and 228: Murraine, Disciplinary Counsel v. 1
Page 229 and 230: Nance, Cleveland Metropolitan Bar A
Page 231 and 232: Newcomer, Disciplinary Counsel v. 1
Page 233 and 234: Newman, Cincinnati Bar Assn. v. 124
Page 235 and 236: Niermeyer, Disciplinary Counsel v.
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Page 239 and 240: Case Summaries- 237 Master Commissi
Page 241 and 242: Ohlin, Disciplinary Counsel v. 126
Page 243 and 244: O’Malley, Disciplinary Counsel v.
Page 245 and 246: Case Summaries- 243 conditions that
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Page 249 and 250: Peskin, Ohio State Bar Assn. v. 125
Page 251 and 252: Case Summaries- 249 met by imposing
Page 253 and 254: Plough, Disciplinary Counsel v. 126
Page 255 and 256: Podor, Cleveland Metro. Bar Assn. v
Page 257: Portman, Butler Cty. Bar Assn. v. 1
Page 261 and 262: Pullins, Disciplinary Counsel v. 12
Page 263 and 264: Case Summaries- 261 disqualificatio
Page 265 and 266: Randall, Dayton Bar Assn. v. 118 Oh
Page 267 and 268: Case Summaries- 265 history, no dis
Page 269 and 270: Raso, Disciplinary Counsel v. 129 O
Page 271 and 272: Resnick, Ohio State Bar Assn. v. 12
Page 273 and 274: Ricketts, Disciplinary Counsel v. 1
Page 275 and 276: Ridenbaugh, Disciplinary Counsel v.
Page 277 and 278: Ritson, Toledo Bar Assn. v. 127 Ohi
Page 279 and 280: Roberts, Disciplinary Counsel v. 11
Page 281 and 282: Robinson, Disciplinary Counsel v. 1
Page 283 and 284: Rohrer, Disciplinary Counsel v. 124
Page 285 and 286: Rozanc, Lake Cty. Bar Assn. v. 123
Page 287 and 288: Rust, Toledo Bar Assn. v. 124 Ohio
Page 289 and 290: Sabol, Disciplinary Counsel v. 118
Page 291 and 292: Case Summaries- 289 condition of th
Page 293 and 294: Sanz, Cincinnati Bar Assn. v. 128 O
Page 295 and 296: Saunders, Greene Cty. Bar Assn. v.
Page 297 and 298: Sayler, Cleveland Metro. Bar Assn.
Page 299 and 300: Case Summaries- 297 1.5(a), 1.16(d)
Page 301 and 302: Schram, Dayton Bar Assn. v. 122 Ohi
Page 303 and 304: Scott, Toledo Bar Assn. v. 129 Ohio
Page 305 and 306: Shaw, Disciplinary Counsel v. 126 O
Page 307 and 308: 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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