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

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Case Summaries- 328 ordered a one year suspension stayed on conditions of a one-year probation period in accord with requirements of Gov.Bar R. V(9) which include a monitor and no further misconduct. Three justices dissented in favor of a stricter sanction, a one year-suspension with six months stayed. The dissenting justices noted no reason to depart from the general rule (Fowerbaugh, 1995) that violations of DR 1- 102(A)(4) require actual suspension. Rules Violated: DR 1-102(A)(4), 5-105(A), 5-105(B), 7-102(A)(5) Aggravation: NONE Mitigation: (a), (b), (d) Prior Discipline: NO Procedure/ Process Issues: YES Criminal Conduct: NO Public Official: NO Sanction: One-year suspension, stayed
Theisler, Mahoning Cty. Bar Assn. v. 125 Ohio St.3d 144, 2010-Ohio-1472. Decided 4/8/2010. Case Summaries- 329 Respondent was convicted of 98 felonies, including aggravated trafficking in drugs, illegal processing of drug documents, engaging in a pattern of corrupt activity, and practicing medicine or surgery without a certificate, that stemmed from his conduct in writing prescriptions for patients on blank prescriptions presigned by a doctor. He served a three year prison term which ended in September 2008 and is on probation until September 2011 On October 27, 2005, respondent received an interim felony suspension from the practice of law in In re Thiesler, 106 Ohio St.3d 1560, 2005-Ohio-5665. He was found in contempt of that order for failing to file an affidavit of compliance in In re Thiesler, 110 Ohio St.3d 1483, 2006-Ohio-4877. Respondent was a licensed attorney and also a licensed chiropractor. He graduated from a medical school in St. Kitts, but did not complete U.S. licensing examinations. Respondent associated himself with two medical doctors, who did business under the name Pain Management Associates. Patients initially consulted with the medical doctors, but would have follow-up visits with respondent, who wrote prescriptions for them on a doctor‘s pre-signed blank prescription pad. Respondent testified that he did not practice chiropractic services while acting as a ―medial assistant‖ and that prior to accepting the job he reviewed R.C. Chapter 4730 and former OAC 4731-4-04 addressing physician assistant prohibitions. From the research, he erroneously concluded he could perform medical examinations, give injections, and undertake any other clinical work that the physician might delegate to him under supervision. He admitted that he had the option to earn his certificate as a ―medical assistant‖ but failed to do so. The board adopted the panel‘s findings that respondent violated DR 1- 102(A)(4) and 1-102(A)(6) and the recommendation that he be indefinitely suspended from the practice of law with no credit for time serves. In aggravation, respondent engaged in a pattern of misconduct and multiple offenses. BCGD Proc.Reg. 10(B)(1)(c) and (d). In mitigation, the parties stipulated to respondent‘s lack of dishonest or selfish motive, absence of harm to victims and aversion to committing further offenses, cooperation in the disciplinary process, and criminal sanctions received and served. BCGD Proc.Reg. 10(B)(2)(a), (b), (d), and (f). The panel noted its doubts about the stipulation to a lack of a dishonest motive and also noted the lack of letters attesting to respondent‘s good character. The respondent objected to the recommended sanction, arguing that it was too harsh, punishes the respondent disproportionately to others, and is not necessary to protect the public. Respondent relied on Margolis (2007) in which the attorney received a two year suspension. The court found respondent‘s reliance on Margolis misplaced. The court cited Linnen (2006) (indefinite suspension for misdemeanors) and LoDico (2008) (indefinite suspension with no credit for an interim felony suspension). The Supreme Court adopted the Board‘s recommendation of an indefinite suspension with no credit for time served during respondent‘s interim felony suspension; the Court also required that respondent complete his term of probation before applying for readmission, and so ordered. Rules Violated: DR 1-102(A)(4), 1-102(A)(6) Aggravation: (c), (d) Mitigation: (a), (b), (d), (f) Prior Discipline: NO Procedure/ Process Issues: YES Criminal Conduct: YES Public Official: NO Sanction: Indefinite Suspension
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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
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Murraine, Disciplinary Counsel v. 1
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Nance, Cleveland Metropolitan Bar A
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Newcomer, Disciplinary Counsel v. 1
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Newman, Cincinnati Bar Assn. v. 124
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Niermeyer, Disciplinary Counsel v.
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Nittskoff, Disciplinary Counsel. v.
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Case Summaries- 237 Master Commissi
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Ohlin, Disciplinary Counsel v. 126
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O’Malley, Disciplinary Counsel v.
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Case Summaries- 243 conditions that
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Patterson, Geauga Cty. Bar Assn. v.
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Peskin, Ohio State Bar Assn. v. 125
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Case Summaries- 249 met by imposing
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Plough, Disciplinary Counsel v. 126
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Podor, Cleveland Metro. Bar Assn. v
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Portman, Butler Cty. Bar Assn. v. 1
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Potter, Disciplinary Counsel v. 126
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Pullins, Disciplinary Counsel v. 12
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Case Summaries- 261 disqualificatio
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Randall, Dayton Bar Assn. v. 118 Oh
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Case Summaries- 265 history, no dis
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Raso, Disciplinary Counsel v. 129 O
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Resnick, Ohio State Bar Assn. v. 12
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Ricketts, Disciplinary Counsel v. 1
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Ridenbaugh, Disciplinary Counsel v.
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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.
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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
Page 317 and 318: Smith, Disciplinary Counsel v. 128
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
Page 329: Taylor, Disciplinary Counsel v. 120
Page 333 and 334: Thomas, Cleveland Metro. Bar Assn.
Page 335 and 336: Case Summaries- 333 court entered a
Page 337 and 338: Trainor, Cincinnati Bar Assn. v. 12
Page 339 and 340: Troxell, Columbus Bar Assn. v. 129
Page 341 and 342: Troy, Lake Cty. Bar Assn. v. 130 Oh
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Page 345 and 346: Vivyan, Disciplinary Counsel v. 125
Page 347 and 348: Case Summaries- 345 offenses, there
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Page 351 and 352: Weisberg, Toledo Bar Assn. v. 124 O
Page 353 and 354: Case Summaries- 351 Chandlers to di
Page 355 and 356: Williams, Disciplinary Counsel v. 1
Page 357 and 358: Williamson, Butler Cty. Bar Assn. v
Page 359 and 360: Wineman, Disciplinary Counsel v. 12
Page 361 and 362: Wittbrod, Akron Bar Assn. v. 130 Oh
Page 363 and 364: Yeager, Disciplinary Counsel v. 123
Page 365 and 366: Zaffiro, Cleveland Metro. Bar Assn.
Page 367 and 368: Zigan, Disciplinary Counsel v. 118
Page 369 and 370: Bennett (2/4/2010) (unlawfully stru
Page 371 and 372: Clovis (5/5/2010) (as required by G
Page 373 and 374: on inactive status and while under
Page 375 and 376: suspension, and remanded to board t
Page 377 and 378: violations for attempt to dismiss a
Page 379 and 380: 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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