Misappropriation, Fabrication Gets Two Year Suspension

The Ohio Supreme Court imposed a two-year suspension of an attorney who misappropriated entrusted funds in two matters. The attorney also fabricated a fee dispute and made other misrepresentations in response to the bar complaint.

The attorney also must complete 12 hours of CLE in accounting and law office management and be subject to a year of monitored probation on reinstatement.

In an unrelated matter, the court permanently disbarred an already suspended attorney who stole trust funds while working as a paralegal. He pled no contest to resulting criminal charges. The court noted precedent holding that disbarment is the presumptive sanction for misappropriation.

This leads me to wonder why the first case (misappropriation plus dishonesty) departed from that presumption. (Mike Frisch)