Thursday, April 21, 2011

No Irreparable Harm

The Ohio Supreme Court declined to impose an indefinite suspension of an attorney who had neglected client matters and failed to participate in the ensuing bar proceedings. The court concluded that the sanction should be as follows:

Here, respondent has practiced law for more than 20 years without a disciplinary violation, and although serious, his misconduct has not caused irreparable harm to any clients. Therefore, we agree that the appropriate sanction for his misconduct is a two-year suspension, with the last six months stayed on the conditions that he commit no further misconduct and that he make restitution to the clients harmed by his conduct.

Accordingly, [the attorney] is suspended from the practice of law in Ohio for two years. The last six months of his suspension will be stayed on the conditions that he commit no further acts of misconduct and that he make restitution of $1,108 to the clients in count 1, representing the amount of their unpaid medical bills, and refund the $600 in legal fees he received from the client in count 2. If he fails to comply with these conditions, the stay will be lifted, and he will serve the full two-year suspension.

(Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2011/04/the-ohio-supreme-court-declined-to-impose-an-indefinite-suspension-of-an-attorney-who-had-neglected-client-matters-and-failed.html

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