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

Simon, Disciplinary Counsel v.128 Ohio St.3d 359, 2011-Ohio-627. Decided 2/16/2011.Case Summaries- 311Respondent misused his client trust account as a personal bank account and law-office operatingaccount and failed to respond to relator‘s request for information during the disciplinary investigation.The parties entered a consent-to-discipline agreement which the Board adopted. From March 2007 toDecember 2008, respondent deposited into client trust account both personal and client funds, includingattorney fees and retainers, and money from his PERS account. From June 2005 to March 2009,respondent wrote checks to himself, his wife, and his creditors from his client trust account.Respondent, during the disciplinary investigation, assured relator he would provide but failed to timelyprovide relator with copies of his 2005 through 2008 income tax returns. He did provide them prior to theconsent-to-discipline agreement. Relator stated that there is no evidence that respondent used his IOLTAaccount as an IRS tax shelter. Respondent‘s conduct violated DR 1-102(A)(6), DR 9-102(A);Prof.Cond.R. 1.15(a) and 8.4(h); and his failure to provide information requested by relator violated8.1(b); 8.4(d), 8.4(h); and Gov.Bar R. V(4)(G). Neither the parties nor the board found any aggravatingfactors, but the court noted a pattern of misconduct. BCGD Proc.Reg. 10(B)(1)(c). In mitigation, thereis a lack of prior disciplinary record, a lack of a dishonest or selfish motive, and good character andreputation. BCGD Proc.Reg. 10(B)(2)(a), (b), and (e). The parties stipulated to a one-year, stayedsuspension, to which the board agreed. The court, in comparing this case to Johnson (2009), found thesanction appropriate. The court adopted the consent-to-discipline agreement and so ordered a one-yearsuspension stayed on condition of no further misconduct.Rules Violated: Prof.Cond.R. 1.15(a), 8.1(b); 8.4(d), 8.4(h); DR 1-102(A)(6), 9-102(A); Gov.Bar R.V(4)(G)Aggravation: NONEMitigation: (a), (b), (e)Prior Discipline: NO Procedure/ Process Issues: NO Criminal Conduct: NOPublic Official: NO Sanction: One-year suspension, stayed