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

Bucciere, Cincinnati Bar Assn. v.
121 Ohio St.3d 274, 2009-Ohio-1156. Decided 3/19/2009.
Case Summaries- 32
Respondent represented clients in a case while on inactive registration status. The parties entered into a
consent-to-discipline agreement with a recommendation for a public reprimand. Respondent changed his
attorney-registration status to inactive on December 29, 2005 for the remainder of the 2005-2007
biennium; however, from January 2007 through December 2007, he represented two clients in an appeal,
obtaining a reversal and remand in their favor, then representing them in proceedings before a
common pleas court. Throughout this time, he mistakenly believed that his assistant had arranged to
register him for active status. While representing the clients in common pleas court, he attended a
deposition and also agreed to participate in mediation to settle the dispute. Prior to the mediation
proceedings, which were scheduled for mid-December 2007, opposing counsel moved for respondent‘s
removal, citing his inactive registration status. On December 4, 2007, respondent registered for active
status. He has conceded his responsibility for failing to do so before that date, while still practicing law.
According to the consent-to-discipline agreement, there were no aggravating factors present. Mitigating
factors include no prior disciplinary record, a lack of a dishonest or selfish motive, a timely and
good-faith effort to rectify the consequences of his misconduct, and cooperation in the disciplinary
proceedings. BCGD Proc.Reg. 10(B)(2)(a), (b), (c), and (d). The panel and board accepted the consentto-discipline
agreement to a public reprimand for violations of Gov.Bar R. VI(2)(A) for practicing law
while registered on inactive status and Prof.Cond.R. 5.5(a) for practicing law in violation of the
regulations for practicing law in that jurisdiction. The Supreme Court accepted the consent-to- discipline
agreement and so ordered a public reprimand.
Rules Violated: Prof.Cond.R. 5.5(a)
Aggravation: None
Mitigation: (a), (b), (c), (d)
Prior Discipline: NO Procedure/ Process Issues: NO Criminal Conduct: NO
Public Official: NO Sanction: Public Reprimand