Opinion

Cleveland Bar Ass'n v. O'Malley

  • 12 Ohio St. 2d 35
  • 41 Ohio Op. 2d 219
  • 231 N.E.2d 311
  • 1967 Ohio LEXIS 308
Court
Ohio Supreme Court
Filed
Nov 22, 1967
Status
Published
On the bench
Brown, Herbert, Matthias, Neill, Schneider, Taft, Zimmerman
Cited by
2 cases
Authority
More cited than 73.4%

The opinion

Per Curiam.

Respondent attacks the findings of fact made by the Board of Commissioners on Grievances and Discipline on the. ground that relator presented no witnesses other than the complaining witnesses, and that the board resolved all questions *37 of credibility against respondent in favor of the complaining witnesses. Section 2 of Rule XVIII of the Rules of Practice of the Supreme Court authorizes the Board of Commissioners on Grievances and Discipline to “take evidence, make findings and submit recommendations” to the court concerning complaints of professional misconduct. We are of the opinion that the record fully sustains the findings made by the board.

Respondent contends that he was prevented from instituting legal action in these cases because he encountered unforeseen legal problems. Assuming this to be true, it cannot excuse his lies and misrepresentations to his clients concerning the state of their affairs. The Canons of Professional Ethics place the burden on the lawyer to explain, in terms the client can understand, what the lawyer is doing in the client’s behalf or why he is doing nothing.

The court finds that respondent is guilty of professional misconduct subsequent to that for which he was reprimanded on December 23, 1964, and judgment is therefore rendered suspending him indefinitely from the practice of law.

Report confirmed and judgment accordingly.

Taft, C. J., Zimmerman, Matthias, O’Neill, Herbert, Schneider and Brown, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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