Thursday, April 18, 2013

Ignoring Suspension Order Results In Permanent Disbarment

An attorney who practiced law after his 2010 suspension was permanently disbarred by the Ohio Supreme Court.

The court's web page notes:

...the court  adopted findings by the Board of Commissioners on Grievances & Discipline  that following his September 2010   suspension from practice, Fletcher failed to advise his clients,  opposing counsel or the courts of that suspension, and  that from approximately November 2010 through  February 2012,  he  continued to represent two existing clients  and began to represent two additional clients.   Fletcher admitted that during that period he identified himself to  clients as an attorney, gave them legal advice, and appeared in court and filed  documents on their behalf.

Among additional findings of  misconduct supporting the board’s recommended sanction of  disbarment, the court noted that Fletcher  gave false testimony during a 2011 deposition swearing that he had not  represented any clients during that year when in fact he had appeared at a plea  hearing on behalf of a client in juvenile court just days earlier. 

Noting  that “disbarment is the presumptive sanction for continuing to practice law  while under suspension,” and that Fletcher did not file objections to the  disciplinary board’s recommendation, the court found that any mitigating  factors present in the case were insufficient to justify a lesser penalty.

(Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2013/04/an-attorney-who-practiced-law-after-his-2010-suspension-was-permanently-disbarred-by-the-ohio-supreme-court-the-court.html

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