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

Sabol, Disciplinary Counsel v.
118 Ohio St.3d 65, 2008-Ohio-1594. Decided 4/9/2008.
Case Summaries- 287
Respondent missed the deadline for refiling a client‘s personal injury lawsuit and failed to inform the
client he did not have professional liability insurance. In July 1999, he agreed to file a lawsuit for a man
injured in a motorcycle accident. He filed the action in July 2001, but the case proceeded slowly, in
part because of respondent‘s failure to respond to defendant‘s discovery requests and the fact that the
defendant‘s insurance company had filed bankruptcy. In August 2003, he and the client agreed to
voluntarily dismiss the case and refile it after the after the bankruptcy stay was lifted and some of the
client‘s medical problems were resolved. He notified opposing counsel in August 2003, but did not file
a notice of dismissal until February 2004. He realized he had only one year to refile, but he incorrectly
notated the deadline as February 2, 2006. He discovered his error in January 2006. He immediately
told the client to consult another lawyer about the potential malpractice claim. He had no insurance and
did not inform the client he lacked coverage. The clients sued and they settled for $12,500 which
respondent has paid in full. Panel and board found violations of DR 1-102(A)(5) and 6-101(A)(3) and
recommended a six-month suspension stayed. In mitigation, respondent cooperated and made
restitution. BCGD Proc.Reg. 10(B)(2)(c) and (d). In aggravation, respondent received a public
reprimand for dismissing personal injury claims of a woman and her daughter without their consent in
Allen Cty. Bar v. Sabol (1997), 79 Ohio St. 3d 387. The court adopted the findings of violations of DR
1-102(A)(5) and 6-101(A)(3) but disagreed with the recommended sanction because his history of
unacceptable conduct and his impermissible action in this case warranted a stricter sanction than a fully
stayed suspension. The court ordered a suspension for six months. Citations to Rose (2007) and Gerren
(2006).
Rules Violated: DR 1-102(A)(5), 6-101(A)(3)
Aggravation: (a)
Mitigation: (c), (d)
Prior Discipline: YES Procedure/ Process Issues: NO Criminal Conduct: NO
Public Official: NO Sanction: Six-month suspension