Thursday, January 26, 2012

Indefinite Suspension For Second Disciplinary Offense

From the web page of the Ohio Supreme Court:

The Supreme Court of Ohio today imposed an indefinite suspension against the law license of [a] Cincinnati attorney...for multiple violations of the Rules of Professional Conduct.

In a 7-0 per curiam decision, The Court adopted findings by the Board of Commissioners on Grievances & Discipline that [he] had commingled client funds in his possession with his own funds, overdrew and made other improper use of his client trust account, neglected a legal matter entrusted to him by a client and failed to cooperate with disciplinary authorities during the investigation of his misconduct. Because [he] failed to respond to inquiries from the Office of Disciplinary Counsel regarding his conduct or to appear for scheduled depositions, the disciplinary board reviewed  the complaint against him through default proceedings.

In imposing an indefinite suspension as the appropriate sanction, the Court cited the aggravating factor that [his] license was previously suspended in 2007 for cocaine use and related criminal charges, and noted that he pleaded guilty to a misdemeanor charge of possession of drug paraphernalia in April 2011 and was sentenced to two years of community control.

The Court specified that any future reinstatement of [his] law license will be conditioned on his compliance with at least a two-year substance abuse recovery contract with the Ohio Lawyers Assistance Program (OLAP) and any OLAP treatment recommendations, compliance with the terms of his community control, and completion of continuing legal education course work relating to client trust accounts.

The opinion is linked here. (MIke Frisch)

http://lawprofessors.typepad.com/legal_profession/2012/01/from-the-web-page-of-the-ohio-supreme-court-the-supreme-court-of-ohio-today-imposed-an-indefinite-suspension-against-the.html

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