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

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Case Summaries- 276 respondent‘s misconduct did not involve the use of his law license, lies to a tribunal or harm to clients, it did cause harm to approximately 3,000 victims and resulted in a restitution order of $3.7 million. The court adopted the board‘s findings, conclusions, and recommended sanction and so ordered a permanent disbarment. Two justices dissented in favor of the sanction recommended by the panel, an indefinite suspension without credit for time served under the felony suspension. Rules Violated: DR 1-102(A)(4), 1-102(A)(6) Aggravation: (b), (c), (d), (h) Mitigation: (d) Prior Discipline: YES Procedure/ Process Issues: YES Criminal Conduct: YES Public Official: NO Sanction: Disbarment
Roberts, Disciplinary Counsel v. 117 Ohio St.3d 99, 2008-Ohio-505. Decided 2/14/2008. Case Summaries- 277 Respondent improperly notarized signatures. Respondent was retained to represent an over-the- road truck driver who had been injured in a motor vehicle accident. He met with the man and his wife in their home in a remote area of Michigan. They entered into a contingent fee contract. He communicated frequently with them but never met face to face with them again. The couple was without health insurance and traveled several times a week to obtain medical services upon credit from a family practitioner and a chiropractor 130 to 150 miles away. Respondent quickly negotiated a settlement with two insurance companies. He settled a claim with Geico Insurance for $100,000 and a claim with Cincinnati Insurance Company for $47,500. As to a third insurance carrier, respondent sent a release to his clients to allow him to obtain wage information for the third insurance carrier. The husband signed the release, but the insurance company returned it because it was not notarized. Respondent learned that the couple had no money to buy gas to drive to the nearest town for the needed notarization. Respondent changed both the date of the release and the date of the husband‘s signature and then notarized the signature. He later advised the client he had notarized the release. As to the Geico claim, respondent had the clients sign a limited power of attorney authorizing him to settle the claims and expedite the settlement process. He sent the clients their share of the proceeds from the Geico settlement and a disbursement sheet to account for the rest. As to the other Cincinnati claim, he signed his clients‘ names to the release of claims against the Cincinnati Insurance Company, notarized the signatures that purported to be his clients, and asked an assistant to sign the release as a witness. After the Cincinnati Insurance Company paid the settlement proceeds, respondent sent a check to the client for their share. The wife received the check and apparently endorsed it for her husband without his authority and deposited into their joint checking account, and eventually withdrew the money without the husband‘s knowledge. The husband did not discover it until he call respondent several months later to ask what happened to the money. Respondent acknowledged his mistakes. Panel and board found that his conduct in dishonoring his notary jurat and signing his clients names without authority violated DR 1-102(A)(4) and (6). ―When a lawyer notarizes a signature knowing that it is forged, and expecially when the lawyer commits the forgery, and actual suspension is warranted.‖ Citation to Shaffer (2003). Failing to properly notarize a document, although a violation of DR 1-102(A)(4) for which an actual suspension usually follows, may warrant a lesser sanction depending on the presence of mitigating factors.‖ Citations to Gottesman, (2007), Russell (2007). A public reprimand will issue if the lawyer does nothing improper in addition to notarizing a signature affixed outside the lawyer‘s presence.‖ Dougherty (2005). ―When a lawyer signs a document for another person under the mistaken belief that she or she has this authority, however, we have used a six-month suspension and stayed the suspension on conditions. Citation to Freedman (2006). In mitigation, he has no prior discipline, did not act out of self-interest, cooperated, and established his good character and reputation. BCGD Proc.Reg. 10(B)(2)(a), (b), (d), and (e). In aggravation, he committed more than one infraction. BCGD Proc.Reg 10(A)(1)(d) [sic 10(B)(1)(d)]. He signed twice on behalf of others without authority, induced an assistant to falsely witness the signatures, and dishonor the notary jurat three times. But, he did accept responsibility for his mistakes. Because of his contrition, unblemished record, and good, albeit misguided, intentions, and actual suspension is not required. The court adopted the Board‘s findings of violations, but ordered a suspension for six months, stayed on condition of no further misconduct. One justice dissented in favor of a public reprimand. Rules Violated: DR 1-102(A)(4), 1-102(A)(6) Aggravation: (d) Mitigation: (a), (b), (d), (e) Prior Discipline: NO Procedure/ Process Issues: NO Criminal Conduct: NO Public Official: NO Sanction: Six-month 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
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McFaul, Cleveland Metro. Bar Assn.
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Case Summaries- 207 withdrawal. Res
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Case Summaries- 209 that he is comp
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Meade, Disciplinary Counsel v. 127
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Miller, Disciplinary Counsel v. 126
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Minamyer, Butler Cty. Bar Assn. v.
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Case Summaries- 217 represent his c
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Case Summaries- 219 became effectiv
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Mitchell, Disciplinary Counsel v. 1
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Mullaney, Brooking, and Moeves, Cin
Page 227 and 228: Murraine, Disciplinary Counsel v. 1
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Page 233 and 234: Newman, Cincinnati Bar Assn. v. 124
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Page 241 and 242: Ohlin, Disciplinary Counsel v. 126
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Page 245 and 246: Case Summaries- 243 conditions that
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Page 255 and 256: Podor, Cleveland Metro. Bar Assn. v
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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
Page 275 and 276: Ridenbaugh, Disciplinary Counsel v.
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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
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Page 295 and 296: Saunders, Greene Cty. Bar Assn. v.
Page 297 and 298: Sayler, Cleveland Metro. Bar Assn.
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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
Page 309 and 310: Shuler, Disciplinary Counsel v. 129
Page 311 and 312: Siewert, Disciplinary Counsel. v. 1
Page 313 and 314: Simon, Disciplinary Counsel v. 128
Page 315 and 316: Smith, Disciplinary Counsel v. 124
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Page 319 and 320: Smithern, Akron Bar Assn. v. 125 Oh
Page 321 and 322: Squire, Disciplinary Counsel v. 130
Page 323 and 324: Stafford, Disciplinary Counsel v. 1
Page 325 and 326: Stoll, Erie-Huron Grievance Commt.
Page 327 and 328: 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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