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

DeLoach, Akron Bar Assn. v.
130 Ohio St.3d 153, 2011-Ohio-4201. Decided 8/31/2011.
Case Summaries- 63
Respondent engaged in dishonest conduct during a disciplinary investigation. Respondent was originally
charged in a two-count complaint, but the panel, based on the parties‘ stipulations, dismissed Count 1. In
Count 2, respondent failed to file the proper indigency information for her client‘s criminal appeal, and
thus the appeal was dismissed. It was later taken up by another lawyer and reopened. During an
investigation into this misconduct, the investigator requested letters sent to her client about the indigency
information. Respondent send MS Word files, purportedly of the letters she sent to her client, to the
investigator that had been created at a public library the same day they were sent. Respondent first stated
she could only find papers copies of the letters, and so she retyped them, but later admitted that she had
lost the originals and simply retyped the letters from memory. She later found the original letters and
sent them to relator. The panel and board found a violation of Prof.Cond.R. 8.4(c) (dishonesty, fraud,
deceit, or misrepresentation). The Court adopted these findings. In aggravation, respondent had
engaged in deceptive practices during a disciplinary investigation. BCGD Proc.Reg. 10(B)(1)(f). In
mitigation, there was no prior disciplinary record. BCGD Proc.Reg. 10(B)(2)(a). The panel and
board recommended a six-month suspension, stayed with 2 years of monitored probation. Citing Potter
(2010), Rohrer (2009), Carroll (2005), and Ricketts (2010), the Court noted that a violation of
Prof.Cond.R. 8.4(c) usually requires actual time off. However, the Court found that respondent had
no prior discipline, showed remorse for her actions, engaged in a single incident of misconduct with no
intent for financial gain, and did not actually harm anyone. The Court thus adopted the recommended
sanction.
Rules Violated: Prof.Cond.R. 8.4(c)
Aggravation: (f)
Mitigation: (a)
Prior Discipline: NO Procedure/ Process Issues: NO Criminal Conduct: NO
Public Official: NO Sanction: Six-month suspension, stayed