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

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Thompson, Cincinnati Bar Assn. v. 129 Ohio St.3d 127, 2011-Ohio-3095. Decided 6/30/2011. Case Summaries- 334 Respondent notarized two unsigned documents. This matter was brought before the board under a consent-to-discipline agreement. The stipulated facts show that respondent notarized two documents presented to him by his former partner which had not been signed by a party to the documents. This conduct violated Prof.Cond.R. 8.4(c) (conduct involving dishonest, fraud, deceit, or misrepresentation). There were no aggravating factors; in mitigation, respondent had no prior disciplinary record, fully and freely self- reported the misconduct, cooperated in the disciplinary process, and presented evidence of good character. BCGD Proc.Reg. 10(B)(2)(a), (c), (d), and (e). The parties and the board, citing Dougherty (2005), recommended a public reprimand. The Court accepted the consent-to-discipline agreement, and issued a public reprimand. Rules Violated: Prof.Cond.R. 8.4(c) Aggravation: NONE Mitigation: (a), (c), (d), (e) Prior Discipline: NO Procedure/ Process Issues: NO Criminal Conduct: NO Public Official: NO Sanction: Public Reprimand
Trainor, Cincinnati Bar Assn. v. 129 Ohio St.3d 100, 2011-Ohio-2645. Decided 6/7/2011. Case Summaries- 335 Respondent failed to promptly return funds that a client was entitled to receive and failed to notify the client that respondent lacked professional liability insurance. Respondent has previously been disciplined by the Court; he received a conditionally stayed six- month suspension in 2003 and public reprimand in 2006. The Court also ordered a 30- day reciprocal stayed suspension for respondent‘s violation of Kentucky‘s disciplinary rules. The parties submitted stipulations as to findings of fact and conclusions of law. Respondent was retained to represent a client against her homeowner‘s insurer in a civil action. Respondent lacked professional liability insurance and failed to notify the client of that fact. He later sent the client a letter acknowledging that he did not have insurance and requested that she sign a release, but the client never did. Respondent tried the client‘s case, returned a favorable result, and made all appropriate disbursements. However, the client later learned that the clerk had refunded her filing fee to respondent, but that respondent had not refunded the fee to the client. Respondent initially ignored the client‘s calls and then attempted to keep the filing fee for himself as payment for additional work he performed. The client filed a grievance and then respondent returned the fee. The parties stipulated that this conduct violated Prof.Cond.R. 1.4(c) and 1.15(d). The board also noted that respondent lacked professional liability insurance prior to the adoption of the Ohio Rules of Professional Conduct, and thus also found a violation of DR 1-104(A). The Court adopted the findings of fact and conclusions of law. In aggravation, respondent had a prior disciplinary record, acted with a dishonest and selfish motive, and engaged in a pattern of misconduct involving multiple offenses. BCGD Proc.Reg. 10(B)(1)(a), (b), (c), and (d). The board also found that respondent‘s practice of verbally disclosing his lack of liability insurance and then later sending written waivers to the client does not comport with Prof.Cond.R. 1.4(c), and is therefore also an aggravating factor. In mitigation, respondent made restitution (albeit untimely), cooperated throughout the disciplinary process, made full and free disclosure to the board, and acknowledged the wrongful nature of his conduct. BCGD Proc.Reg. 10(B)(2)(c) and (d). The Court noted that it usually imposes a public reprimand for such misconduct, but that respondent‘s previous instances of similar misconduct call for a harsher sanction in this case. The Court adopted the board‘s recommended sanction of a two-year suspension with 18 months stayed on the conditions that respondent complete 18 months of probation with a monitor and that respondent engage in no further misconduct. Rules Violated: Prof.Cond.R. 1.4(c), 1.15(d); DR 1-104(A). Aggravation: (a), (b), (c), (d) Mitigation: (c), (d) Prior Discipline: YES (x2) Procedure/ Process Issues: NO Criminal Conduct: NO Public Official: NO Sanction: Two-year suspension, 18 months 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
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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
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Roberts, Disciplinary Counsel v. 11
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Robinson, Disciplinary Counsel v. 1
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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 303 and 304: Scott, Toledo Bar Assn. v. 129 Ohio
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Page 307 and 308: Shea, Columbus Bar Assn. v. 117 Ohi
Page 309 and 310: Shuler, Disciplinary Counsel v. 129
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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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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
Page 381 and 382: Willette (3/20/2008) DR 2-103(C) (r
Page 383 and 384: Patterson (12/2/2009) Ryan (8/27/20
Page 385 and 386: 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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