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

Fink, Akron Bar Assn. v.
131 Ohio St.3d 34, 2011-Ohio-6342. Decided 12/14/2011.
Case Summaries- 83
Respondent failed to cooperate in the disciplinary process and thus engaged in conduct prejudicial to the
administration of justice. The parties stipulated to the facts and misconduct. In 2009, respondent‘s
former clients filed a grievance against him. He did not respond to relator‘s letters of inquiry, subpoenas,
or depositions requests. Based on information from outside sources, relator dismissed the underlying
misconduct. Respondent admitted to receiving the inquiries, but did not appreciate the gravity of the
situation until a fellow attorney explained the consequences. Respondent immediately took action to
correct this, and now realizes the importance of the investigation process. This conduct violated
Prof.Cond.R. 8.4(d) (conduct prejudicial to the administration of justice) and Gov.Bar R. V(4)(G) (failure
to cooperate). The Court adopted these findings. There were no aggravating factors; in mitigation,
respondent lacked a prior disciplinary record, lacked a dishonest or selfish motive, eventually cooperated
in the disciplinary process, and presented evidence of good character. BCGD Proc.Reg 10(B)(2)(a), (b),
(d), (e). The board also found that respondent‘s conduct did not harm any clients, and that he is not
dependant on any substances, realizes the severity of his actions, and has taken steps to ensure similar
issues do not arise again. The panel and board recommended a public reprimand. The Court noted that
failing to respond to a disciplinary investigation is a serious offense. However, relying on Deffet (2003),
Allanson (1995), the mitigating circumstances, and respondent‘s remedial measures, the Court adopted
the recommended sanction and ordered respondent be publicly reprimanded.
Rules Violated: Prof.Cond.R. 8.4(d); Gov.Bar R. V(4)(G)
Aggravation: NONE
Mitigation: (a), (b), (d), (e)
Prior Discipline: NO Procedure/ Process Issues: NO Criminal Conduct: NO
Public Official: NO Sanction: Public Reprimand