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

Case Summaries- 105disgorgement of unearned fee to one grievant, and ultimately cooperated in the disciplinary processafter the complaint was certified. BCGD Proc.Reg. 10(B)(2)(a), (d), and (f). The court noted thatneglect and failure to cooperate generally warrants indefinite suspension, but giving consideration toBaas (1997) and Marosan (2005), as well as respondent‘s eventual cooperation with the disciplinaryinvestigation, the court adopted the board‘s findings of fact, conclusions of law and recommendedsanction. The court ordered that respondent be suspended for two years, six months stayed on theconditions that within 90 days of the date of this opinion respondent 1) make full accounting to theaffected clients for fees paid to him, 2) make full restitution to the affected clients for unearned fees, and3) return to his clients all files and other materials to which they are entitled; and within 30 days relatorappoint a monitor to ensure that restitution is made. Respondent will not be reinstatement until he hasmade full accounting and restitution to the affected clients and returned all files and materials.Rules Violated: Prof.Cond.R. 1.3, 1.4(a)(3), 1.4(a)(4), 1.15, 1.15(d), 1.16(d), 1.16(e), 8.1(b), 8.4(c),8.4(d), 8.4(h); Gov.Bar R. V(4)(G)Aggravation: (b), (c), (e), (h)Mitigation: (a), (d), (f)Prior Discipline: NO Procedure/ Process Issues: YES Criminal Conduct: NOPublic Official: NO Sanction: Two-year suspension, 6 months stayed