Tuesday, June 7, 2011

Attorney Suspended For Failure To Tell Client He Had No Malpractice Insurance

The web page of the Ohio Supreme Court reports:

The Supreme Court of Ohio has suspended the Ohio law license of [a] Covington KY attorney...for two years, with the final 18 months of that term stayed on conditions.

In a 7-0 per curiam opinion released today, the Court affirmed findings by the Board of Commissioners on Grievances and Discipline that [the attorney] violated state attorney discipline rules when he failed to properly notify a client at the time [his] services were engaged that he was not covered by professional malpractice insurance, and failed to promptly return funds that the client was entitled to receive.

While indicating that it has imposed a public reprimand as the appropriate penalty for similar misconduct in other cases, the Court noted that [the attorney] has been disciplined in Ohio on two prior occasions for failure to properly notify clients regarding his lack of malpractice insurance, and also received a stayed license suspension from the Supreme Court of Kentucky in 2010 for similar misconduct.

In light of those prior offenses, the Court imposed a two-year license suspension with the final 18 months stayed. The stay is conditioned on [his] completion of 18 months of probation during which he will be monitored by an attorney appointed by the Cincinnati Bar Association to ensure that he properly safeguards client funds in his possession and either maintains professional liability insurance or notifies clients regarding his lack of such insurance, in a document signed by the client, at the time his services are engaged.

The opinion is linked here. (Mike Frisch)


Bar Discipline & Process | Permalink

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