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

Sherman, Cleveland Metro. Bar Assn. v.
126 Ohio St.3d 20, 2010-Ohio-2469. Decided 6/9/2010.
Case Summaries- 306
Respondent dismissed a cause of action without his client‘s consent and failed to notify another client that
he lacked professional liability insurance. Relator and respondent entered into a consent-to-discipline
agreement. In January 2007, respondent agreed to represent a client in a personal injury case and
filed a complaint. In November 2007, respondent dismissed the client‘s case without notifying the client
or obtaining the client‘s consent; respondent believed the dismissal was in the best interest of the client.
The parties stipulated that this violated Prof.Cond.R. 1.2(a), 1.3 and 1.4(a)(3). In May 2007,
respondent mistakenly failed to inform a second client that he did not maintain professional-liability
insurance. The parties stipulated that this violated Prof.Cond.R. 1.4(c). The parties stipulated that
there were no aggravating factors; in mitigation, there were lack of a prior disciplinary record, no
dishonest or selfish motive, full and free disclosure and cooperation with the disciplinary process, and the
respondent‘s temporary disability due to two major surgeries during the time of the misconduct. BCGD
Proc.Reg. 10(B)(2)(a), (b), and (d). Pursuant to the consent-to-discipline agreement respondent would be
suspended for nine months, all stayed. This sanction is consistent with the six-month stayed suspensions
imposed in Drain (2008) and Thomas (2010). The Board recommended adoption of the consent-todiscipline
agreement. The court accepted the consent-to-discipline agreement and so ordered that
respondent be suspended for nine months, all stayed on the condition that he abstain from any further
misconduct.
Rules Violated: Prof.Cond.R. 1.2(a), 1.3, 1.4, 1.4(a)(3)
Aggravation: NONE
Mitigation: (a), (b), (d)
Prior Discipline: NO Procedure/ Process Issues: NO Criminal Conduct: NO
Public Official: NO Sanction: Nine-month suspension, stayed