Tuesday, November 27, 2012

The Dead Can't Declare Bankruptcy

From the web page of the Ohio Supreme Court:

The law license of [a] Cleveland attorney...has been suspended for two years, with the second year stayed on  conditions, for multiple violations of state attorney discipline rules.

In a 7-0 per curiam opinion announced today, the Supreme Court of  Ohio adopted findings by the Board of Commissioners on Grievances and  Discipline that after accepting fee advances to represent clients in several  Chapter 13 bankruptcy cases,  [the attorney]  failed to file required documents, failed to appear at scheduled court  hearings, and otherwise failed to provide competent representation to his  clients.

In one instance, the court found that [he] filed a bankruptcy  action in the name of a person who had died three years earlier, in the  mistaken belief that person’s estate could still seek bankruptcy protection  from the deceased’s creditors.

The court agreed with the board’s conclusions that [his]  conduct violated, among others, the state disciplinary rules that require an  attorney to act with reasonable diligence and provide competent representation,  and rules that prohibit an attorney from failing to carry out a contract of  employment, engaging in conduct prejudicial to the administration of justice,  and bringing or defending a legal claim that is unsupported by law or a good  faith argument.

As  the appropriate sanction for these violations, the court imposed a two-year  license suspension with the second year stayed on the conditions that [he]  engage in no further misconduct, complete six hours of continuing legal  education in law office management in addition to the general biennial  requirements, and complete one year of monitored probation during which the  monitor should insure that [he] practices only in those areas of law in  which he is competent.

The court's opinion is linked here. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2012/11/the-dead-cant-declare-bankruptcy.html

Bar Discipline & Process | Permalink

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