Thursday, October 4, 2012

Suspended for Misconduct, Attorney Continues Practice And Is Permanently Disbarred

The web page of the Ohio Supreme Court reports:

The law license of Pepper Pike attorney Dwight E. Davis has  been permanently revoked for multiple violations of the Rules of Professional  Conduct.

In a 7-0 per curiam decision announced today, the Supreme  Court of Ohio adopted findings by its Board of Commissioners on Grievances  & Discipline that Davis, whose license has been under continuous suspension  since March 2009 for prior misconduct, opened what purported to be a client  trust account while he was under suspension, deposited thousands of dollars in  that account despite being barred from representing any clients, and used the  account to pay personal expenses while his personal bank accounts were subject  to judgment liens totaling more than $22,000.

The court agreed with the disciplinary board’s findings that  Davis’ actions violated, among others, the Professional Conduct Rules that  prohibit an attorney from engaging in fraud, deceit, dishonesty or  misrepresentation, conduct prejudicial to the administration of justice, and  conduct that adversely reflects on the lawyer’s fitness to practice law. The  court also found that Davis’ failure to answer the complaint brought against  him based on this conduct, or otherwise to cooperate in the investigation of  his violations, violated the state bar governance rule requiring attorneys to  cooperate with disciplinary authorities.

In affirming the board’s conclusion that  permanent disbarment was the appropriate sanction for Davis’ misconduct, the  court wrote: “By establishing the  escrow account, Davis engaged in the charged misconduct whether he was practicing  law under suspension, deceitfully shielding his own funds from creditors, or  both. Davis refused to cooperate in relator’s investigation, and the  documentary evidence showing misconduct is unrefuted. ... We agree that the  facts and law support Davis’s disbarment.”

The opinion is linked here. (Mike Frisch)

Bar Discipline & Process | Permalink

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