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

Index- 372
suspension)
McShane (2/25/2009) (master commissioner
granted default motion and board report
was filed with court, but respondent
offered compelling evidence of mental
disability to the court to explain his
failure to answer, thus court remanded
the case to board for further
proceedings as to appropriate sanction)
Meade (12/22/2010) (neglect coupled with
failure to cooperate warrants indefinite
suspension; no mitigating effect to
claims of mental disability when there
is not medical evidence as BCGD
Proc.Reg. 10(B)(2)(g) requires)
Minamyer (7/28/2011) (respondent‘s
extensive mental health problems led
court to lower sanction recommended
by board; Justice Lundberg Stratton‘s
11-page concurrenceadmonished the
examining psychiatrist‘s evaluation)
Mishler (4/10/2008) (discussion of engaging
an unaffiliated ―per diem‖ attorney)
Mishler (12/14/2010) (after disciplinary
hearing, respondent filed a motion
attempting to change testimony and to
add or amend exhibits; much of his
testimony and the motion that followed
were contradictory)
Mitchell (1/26/2010) (court noted in a
footnote that board noted respondent‘s
prior CLE suspension, but that CLE
suspension is not to be considered in
imposition of a disciplinary sanction)
Muntean (12/20/2010) (self-report)
Nance (11/19/2009) (respondent raised
health problems and mental disability
but not establish as mitigating factor
under BCGD 10(B)(2)(g)(i) and (ii);
court addressed proper sanction when
lawyer‘s financial distress is a major
factor in lawyer‘s failure to pay funds
under a court order)
Newman (3/17/2009) (remanded because
conditions of Gov.Bar R. V(6)(F)(1) not
met because neither sworn or certified
evidence; defined ―certified copy‖)
Nicks (2/25/2010) (meaning of ―competent
representation‖ under Rule 1.1; no
violation found)
Noel (6/17/2010) (evidence to support
default motion neither sworn nor
certified therefore court relied only on
deposition testimony and exhibits
attached thereto; court found a violation
of Prof.Cond. R. 1.15(d) as charged but
noted in footnote 1 that 1.16(d) is more
fitting charge for the conduct chargedfailing
to return the file)
O‘Brien (12/4/2008) (refusal to admit wrong
doing offset by fact that respondent
sought legal advice as to assertion of the
attorney-client privilege; in footnote 1
the court noted that in certain instances
DR 7-102(B)(1) contravenes client
confidentiality but DR 7-102(B)(1) was
not charged and misconduct not charged
cannot be adjudicated in a disciplinary
proceeding)
Ohlin (8/24/2010) (respondent claimed
alcohol dependence and a mental
disability but no evidence provided and
therefore not a mitigating factor; court
dismissed some of the alleged violations
for which the record did not contain
sworn or certified evidence as required
by Gov.Bar R. V(6)(F)(1)(b) in a
motion for default.)
Peskin (4/29/2010) (did not establish
cocaine as mitigating factor under
BCGD 10(B)(2)(g)(i)-(iv)
Pfundstein (12/21/2010) (purpose of
disciplinary sanction; deference to
panel‘s credibility determinations unless
record weighs heavily against; actual
suspension for dishonesty unless
significant mitigating factors justify
lesser sanction; court agreed with
board‘s dismissal of stipulated
Prof.Cond.R 8.4(d) violation)
Pheils (6/23/2011) (prohibition against
loaning client money is absolute;
arranging with a close relative to loan
money is tantamount to the attorney
providing the loan; loan necessary to
advance litigation is tied to the
litigation)
Plough (7/21/2010) (respondent was charged
with a violation of Prof.Cond.R. 8.4(d),
but the court made a finding of a
violation of DR 1-102(A)(5) because
the record showed the conduct occurred
prior to February 1, 2007)
Poole (12/4/2008) (court rejected board
using findings of violations of DR 1-
102(A)(4) (dishonesty) and 9-
102(A)(commingling) as aggravating
factors because the charges were
dismissed by stipulation of the parties;
the court distinguished between
violations of DR 9-102(A)(4)
commingling and DR 9-102(B)(4)
violations)
Portman (4/16/2009) (respondent moved
court to supplement record; court
granted motion, ordered interim