Opinion

Stark County Bar Ass'n v. Osborne

  • 62 Ohio St. 3d 77
  • 578 N.E.2d 455
  • 1991 Ohio LEXIS 2292
Court
Ohio Supreme Court
Filed
Oct 16, 1991
Status
Published
On the bench
Brown, Douglas, Holmes, Moyer, Resnick, Sweeney, Wright
Cited by
5 cases
Authority
More cited than 85.7%

imposing a one-year suspension on an attorney with a prior disciplinary record who had assisted his client in the deliberate violation of a temporary restraining order

How later courts described this case

  • imposing a one-year suspension on an attorney with a prior disciplinary record who had assisted his client in the deliberate violation of a temporary restraining order

Written by the judges who cited it.

The opinion

Per Curiam.

We agree with the board’s findings, but decline to follow its recommendation as to the penalty. We find a six-month suspension insufficient. As the panel noted, this is the second time Osborne has violated the Code of Professional Responsibility. In view of his past conduct, which involved conflicts of interest, a six-month suspension is too light a penalty for this repeat offender. See Gov.Bar R. V(8). Moreover, Osborne compounded his offense by claiming that he misunderstood the restraining order. His argument that the order’s language somehow excluded the residence was indefensible; his claim that he so believed is incredible. Therefore, respondent, Harry K. Osborne, Jr., is suspended from the practice of law in Ohio for one year. Costs taxed to respondent.

Judgment accordingly.

Moyer, C.J., Sweeney, Holmes, Wright and Resnick, JJ., concur.

Douglas and H. Brown, JJ., dissent.

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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