January 28, 2010
Flawed Strategy Not Unethical (Over A Dissent)
The Ohio Supreme Court dismissed disciplinary charges against an attorney accused of failure to properly withdraw from representation. The court's web page reports:
In a 6-1 per curiam opinion, the Court concluded that [the attorney's] filing of a wrongful death suit in the name of the administrator of a deceased person’s estate without the administrator’s consent may have been “flawed” as a legal strategy, but did not violate state attorney discipline rules because [his] action was undertaken in good faith and had an arguable basis in law.
The majority opinion was joined by Chief Justice Thomas J. Moyer and Justices Evelyn Lundberg Stratton, Paul E. Pfeifer, Maureen O’Connor, Terrence O’Donnell and Robert R. Cupp.
Justice Judith Ann Lanzinger dissented, stating that in her view [the attorney's] conduct was contrary to disciplinary rules and she would impose a stayed six-month license suspension as the appropriate sanction.
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