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

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Zaccagnini, Disciplinary Counsel v. 130 Ohio St.3d 77, 2011-Ohio-4703. Decided 9/21/2011. Case Summaries- 362 Respondent was convicted of conspiracy to unlawfully obtain contracts to appraise real estate. Respondent failed to file an answer; the master commissioner prepared findings of facts, conclusions of law, and recommended sanction. Respondent received an interim felony suspension in May 2010 after he pleaded guilty to a felony count of conspiracy for unlawfully obtaining contracts to appraise real estate, in violation of 18 U.S.C. 1951. He was sentenced to 60 months in prison and ordered to pay $3,215,845 in restitution. This conduct violated DR 1-102(A)(3) (illegal conduct involving moral turpitude), 1- 102(A)(4) and Prof.Cond.R. 8.4(c) (conduct involving dishonest, fraud, deceit or misrepresentation), 1- 102(A)(5) and 8.4(d) (conduct prejudicial to the administration of justice), and 1-102(A)(6) and 8.4(h) (conduct that adversely reflects on the lawyer‘s fitness to practice law). Under Freeman (2008), although both the disciplinary rules and the rules of professional conduct were charged, respondent‘s activities were a single continuing ethical violation. The Court adopted the findings of fact and conclusions of law. In mitigation, respondent had no prior disciplinary record and received a criminal sanction for his conduct. BCGD Proc.Reg. 10(B)(2)(a) and (f). In aggravation, the respondent acted with a dishonest and selfish motive, and his pattern of criminal misconduct and corruption resulted in great harm to the citizens of Cuyahoga County and the county government. BCGD Proc.Reg. 10(B)(1)(b), (c), and (h). Relator, the master commissioner, and the board all recommended permanent disbarment. Relying on Ritson (2010), the Court adopted the recommended sanction and ordered respondent be permanently disbarred. Rules Violated: Prof.Cond.R. 8.4(c), 8.4(d), 8.4(h); DR 1-102(A)(3), 1- 102(A)(4), 1-102(A)(5), 1- 102(A)(6) Aggravation: (b), (c), (h) Mitigation: (a), (f) Prior Discipline: NO Procedure/ Process Issues: NO Criminal Conduct: YES Public Official: NO Sanction: Disbarment
Zaffiro, Cleveland Metro. Bar Assn. v. 127 Ohio St.3d 5, 2010-Ohio-4830. Decided 10/7/2010. Case Summaries- 363 Respondent failed to inform a client that he lacked malpractice insurance, failed to cooperate in the disciplinary investigation, and made a false statement during the disciplinary investigation. The charges filed by relator arose from his representation of a client in a small-claims court case that led to a default judgment against this client; his failure to inform the client that he did not carry malpractice insurance, and his conduct during the disciplinary investigation. The parties entered into a consent-to-discipline agreement, but the panel rejected the agreement, expressing concern that while respondent claimed to personally satisfy the default judgment pending against his client, he did so using funds from his client trust account. The panel vacated the scheduled hearing to allow relator time to investigate this matter and instructed relator to either file a second amended complaint or seek a new hearing date. Relator did not amend the complaint. The parties submitted stipulated findings of fact and conclusions of law in which relator dismissed Count 1 of its amended complaint and respondent admitted the remaining charges. The parties agreed that a stayed six-month suspension was appropriate. The parties moved to waive the hearing. The panel reviewed the stipulations of fact and misconduct, as well as the stipulated exhibits. The panel agreed to the dismissal of Count 1, but also unanimously dismissed Counts 2 and 3 for lack of support by clear and convincing evidence of a violation of Prof.Cond.R. 1.3 or 1.4(A)(3). The panel accepted the stipulations that respondent failed to produce his professional- liability insurance policy upon relator‘s request during the investigator, violating Prof.Cond.R. 8.1(b) and Gov.Bar R. V(4)(G); agreed to provide information on the policy to relator when no policy existed, violating Prof.Cond.R. 8.1(a); and did not inform his clients that he lacked professional liability insurance, violating DR 1-104(A). The board adopted these findings. The court agreed. In mitigation, there was a lack of a prior disciplinary record, lack of a dishonest or selfish motive, timely effort to make restitution by satisfying the default judgment and refunding the retainer, a cooperative attitude toward the disciplinary process once counsel was obtained, and good character and reputation. BCGD Proc.Reg. 10(B)(2)(a), (b), (c), (d), and (e). In aggravation, respondent falsely led relator to believe he carried malpractice insurance. BCGD Proc.Reg. 10(B)(1)(f). The panel recommended a public reprimand rather than accepting the parties agreement six-month, stayed suspension which relied on misconduct in the dismissed counts. The board adopted the panel‘s recommended sanction. The court agreed and so ordered a public reprimand. Rules Violated: Prof.Cond.R. 8.1(a), 8.1(b); DR 1-104(A); Gov.Bar R. V(4)(G) Aggravation: (f) Mitigation: (a), (b), (c), (d), (e) Prior Discipline: NO Procedure/ Process Issues: NO Criminal Conduct: NO Public Official: NO Sanction: Public Reprimand
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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
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Rozanc, Lake Cty. Bar Assn. v. 123
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Rust, Toledo Bar Assn. v. 124 Ohio
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Sabol, Disciplinary Counsel v. 118
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Case Summaries- 289 condition of th
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Sanz, Cincinnati Bar Assn. v. 128 O
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Saunders, Greene Cty. Bar Assn. v.
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Sayler, Cleveland Metro. Bar Assn.
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Case Summaries- 297 1.5(a), 1.16(d)
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Schram, Dayton Bar Assn. v. 122 Ohi
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Scott, Toledo Bar Assn. v. 129 Ohio
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Shaw, Disciplinary Counsel v. 126 O
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Shea, Columbus Bar Assn. v. 117 Ohi
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Shuler, Disciplinary Counsel v. 129
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Siewert, Disciplinary Counsel. v. 1
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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 and 330: Taylor, Disciplinary Counsel v. 120
Page 331 and 332: Theisler, Mahoning Cty. Bar Assn. v
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Page 359 and 360: Wineman, Disciplinary Counsel v. 12
Page 361 and 362: Wittbrod, Akron Bar Assn. v. 130 Oh
Page 363: Yeager, Disciplinary Counsel v. 123
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
Page 387 and 388: DR 9-102(B)(4) (failure to promptly
Page 389 and 390: Dearfield (10/19/2011) DeLoach (8/3
Page 391 and 392: McNerney (5/28/2009)(term suspensio
Page 393 and 394: Hoppel (6/8/2011) Hunter (11/15/201
Page 395 and 396: Rule 1.5(a) (charging or collecting
Page 397 and 398: Gottehrer (3/17/2010) Gresley (12/2
Page 399 and 400: Marshall (2/12/2009) Martin (12/15/
Page 401 and 402: Meade (12/22/2010) Medley (1/27/201
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