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

Case Summaries- 26
102(A)(4), (A)(5), (A)(6), 6-101(A)(3), 7-101(A)(1), (A)(2), and (A)(3) for filing the appeal but not the
trial transcript, by failing to respond to the court‘s show- cause order which resulted in a dismissal of the
appeal with prejudice; by failing to communicate with the defendant or another person on his behalf; by
failing to return the file or the attorney fee; and by not responding to relator‘s inquiries. As to Count
VIII, respondent was hired to pursue a criminal appeal of a defendant (Raypole) convicted of aggravated
drug trafficking and was hired to represent a defendant (Welton) in the appeal of a rape conviction and
ten- years-to life prison sentence. Board found violations of DR 1-102(A)(4), (A)(5), (A)(6), 6-
101(A)(3), 7-101(A)(1), (A)(2), and (A)(3) for in the Raypole matter filing an appeal but failing to file
a timely brief which resulted in the appeal being dismissed with prejudice; and in the Welton matter
failing to file a brief after receiving an extension; failing to respond to the court‘s show-cause order, and
again failing to file a brief after the court granted additional time to file which resulted in dismissal of the
appeal with prejudice for failure to file a brief.; and for failing to respond to Welton‘s request for
information and ignoring the family‘s attempts to recover the fee; and failing to respond to relator‘s
inquires. Respondent expressed to relator an interest in participating in the disciplinary process, raised
to relator that mental-health issues prevented him from responding to the previous letters and
pleadings, and informed relator he was involved with OLAP. There was a pattern of misconduct
resulting in harm to clients, a disciplinary record, as well as failure to cooperate. BCGD Proc.Reg.
10(B)(1)(a). The court adopted all the Board‘s findings of misconduct and the recommended sanction of
indefinite suspension.
Rules Violated: DR 1-102(A)(4), 1-102(A)(5), 1-102(A)(6), 1-102(A) & (B), 6-101(A)(3), 7-101(A)(1),
7-101(A)(2), 7-101(A)(3), 9-102(B)(3), 9-102(B)(4)
Aggravation: (a), (c), (e), (h)
Mitigation: NONE
Prior Discipline: YES Procedure/ Process Issues: NO Criminal Conduct: NO
Public Official: NO Sanction: Indefinite Suspension