Monday, October 11, 2010
The (outstanding and user-friendly) web page of the Ohio Supreme Court now features video access to oral arguments before the court. Linked here is a case argued in July, 2010 involving an attorney found to have neglected two client matters.
The court imposed the recommended sanction of a one-year suspension with six months stayed on conditions of no further misconduct. The attorney must also submit to mental health evaluation and comply with any treatment deemed appropriate by the Bar's counseling program. If the conditions are not followed, the full suspension will be imposed.
The court rejected an assertion of "generalized stress" as a mitigating factor absent supporting expert testimony.
The matter was before the court on the exceptions of the attorney. However, as in Casablanca, the conversation is a trifle one-sided. Timothy Marcovy appears and argues for the Cleveland Metropolitan Bar Association. The attorney did not appear.
The court excused the failure as the attorney had filed a motion that the court received after the argument. Nonetheless, argument on behalf of the attorney was deemed waived. (Mike Frisch)