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- 83Respondent failed to cooperate in the disciplinary process and thus engaged in conduct prejudicial to theadministration of justice. The parties stipulated to the facts and misconduct. In 2009, respondent‘sformer 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 underlyingmisconduct. Respondent admitted to receiving the inquiries, but did not appreciate the gravity of thesituation until a fellow attorney explained the consequences. Respondent immediately took action tocorrect this, and now realizes the importance of the investigation process. This conduct violatedProf.Cond.R. 8.4(d) (conduct prejudicial to the administration of justice) and Gov.Bar R. V(4)(G) (failureto 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 cooperatedin 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 notdependant on any substances, realizes the severity of his actions, and has taken steps to ensure similarissues do not arise again. The panel and board recommended a public reprimand. The Court noted thatfailing 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 adoptedthe recommended sanction and ordered respondent be publicly reprimanded.Rules Violated: Prof.Cond.R. 8.4(d); Gov.Bar R. V(4)(G)Aggravation: NONEMitigation: (a), (b), (d), (e)Prior Discipline: NO Procedure/ Process Issues: NO Criminal Conduct: NOPublic Official: NO Sanction: Public Reprimand