# Dayton Bar Ass'n v. Stinchfield

> Ohio Supreme Court · March 31, 1981 · 65 Ohio St. 2d 130

URL: https://www.frixlaw.com/law-library/cases/6757147

## Case

- **Full name:** Dayton Bar Association v. Stinchfield
- **Court:** Ohio Supreme Court
- **Decided:** March 31, 1981
- **Citations:** 65 Ohio St. 2d 130; 19 Ohio Op. 3d 319; 418 N.E.2d 1366; 1981 Ohio LEXIS 459
- **Precedential status:** Published
- **Opinion:** Dissent by Holmes
- **Judges:** Brown, Celebrezze, Holmes, Locher, Sweeney
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6757147

## Opinion text

Holmes, J.,
dissenting. I agree that sanctions must be applied in this disciplinary matter, but I vary with the majority as to the severity or degree. In my view, the facts of this matter present a circumstance concerning which this court should apply one of the most recently promulgated rules of sanction, that being a one-year suspension.
Here, there is no fact pattern involving the moral turpitude of this attorney, nor did he abscond with clients’ funds. His violations, in the main, involved a marked incapacity to appropriately handle his clients’ problems and affairs. Whether such absence of this capability stemmed from a low level of legal expertise, or his health and psychological problems, as argued by the respondent, this writer is unable to completely evaluate. But, in any event, I feel this case does not present the type of situation that we have considered previously wherein we meted out the sanction of indefinite suspension.
Accordingly, I would vote to suspend respondent from the practice of law for the period of one year.
C. Brown, J., concurs in the foregoing dissenting opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6757147. Public record. Not legal advice.
