Tuesday, January 2, 2018

Stayed Suspension In Light Of Eventual Coopreration

The Ohio Supreme Court imposed a stayed suspension for an attorney who failed to cooperate in a bar investigation

Goebl’s misconduct is solely the result of his failure to cooperate with relator’s investigation of the overdraft of his Interest on Lawyer’s Trust Account (“IOLTA”), following the theft and fraudulent issuance of his IOLTA checks by a third party. On January 6, 2016, relator sent a letter of inquiry to Goebl inquiring about the overdraft of his IOLTA. Goebl timely replied to the letter; however, his response did not include most of the information requested. He later advised relator that he would send additional responsive information within ten days, but he failed to do so. And he failed to respond to multiple voicemail messages left for him by relator.

He failed respond to the follow up and a bar subpoena but

In January 2017, Goebl was evaluated by Jann K. Miller, Ph.D., and diagnosed with adjustment disorder with anxiety. He appeared at relator’s office for a deposition in April 2017 and has since cooperated with relator’s investigation of the overdraft of his IOLTA account.

The court

we suspend Michael Joseph Goebl from the practice of law for six months with the suspension fully stayed on the conditions that Goebl (1) submit to a mental-health evaluation conducted by the Ohio Lawyers Assistance Program within 30 days of the date of this decision, (2) fully comply with any and all treatment recommendations resulting from that evaluation, and (3) engage in no further misconduct. If Goebl fails to comply with a condition of the stay, the stay will be revoked and he will serve the full six-month suspension. Costs are taxed to Goebl.

(Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2018/01/the-ohio-supreme-coutrt-goebls-misconduct-is-solely-the-result-of-his-failure-to-cooperate-with-relators-investigation.html

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