December 30, 2008
Neglect Of Appeals Leads To Suspension
An attorney who had neglected two criminal appeals before the United States Court of Appeals for the Sixth Circuit was suspended for one year with six months stayed on good behavior by the Ohio Supreme Court. The decision is summarized on the court's web page:
The Supreme Court of Ohio has suspended the law license of attorney Daniel S. Dice for one year, with six months of that term stayed on conditions. Dice, who currently resides in New York City, has been registered with the Court as inactive since July 2006.
The Court adopted findings by the Board of Commissioners on Grievances & Discipline that Dice violated multiple attorney discipline rules by neglecting the cases of two criminal defendants he was appointed to represent in cases before the U.S. Sixth Circuit Court of Appeals. In one case involving a prisoner incarcerated for a felony offense, Dice delayed filing an appellate brief for seven months and then caused multiple additional delays in the case that ultimately required the court to appoint a replacement attorney. In the second case, Dice failed to appear for the scheduled oral argument of his client’s case before the Sixth Circuit.
The Court agreed with the disciplinary board’s findings that Dice’s conduct violated the Disciplinary Rules that prohibit neglect of an entrusted legal matter, intentionally causing damage to a client in the course of a professional relationship and engaging in conduct prejudicial to the administration of justice. In addition, Dice was found to have violated the state bar governance rule that requires lawyers to cooperate in the investigation of misconduct.
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