Opinion

Toledo Bar Ass'n v. McGill

  • 64 Ohio St. 3d 669
  • 597 N.E.2d 1104
  • 1992 Ohio LEXIS 1950
Court
Ohio Supreme Court
Filed
Sep 16, 1992
Status
Published
Author
Holmes
On the bench
Brown, Bryant, Douglas, Holmes, Moyek, Moyer, Only, Resnick, Sweeney, Tenth, Wright
Cited by
5 cases

The opinion

Holmes, J.,

dissenting. Believing that there has been a serious violation of existing DR 5-103(B), I dissent from the majority opinion. The majority readily states that such violations occurred, but radically tempers the sanction on the basis that this court may, in the future, alter the applicable Disciplinary Rules. This seems to be a most unusual manner to administer our Disciplinary Rules.

The basic purpose underlying the Disciplinary Rule addressed in this matter is to curtail or regulate the unprofessional solicitation of clients through the advancement of monies, or the direct assistance in attorney monies, during the course of litigation. This rule has been generally accepted as a reasonable rule to effect the intended result. Until properly reviewed and amended by rule of this court, DR 5-103(B), as interpreted by the Board of Commissioners on Grievances and Discipline here, should be followed.

Therefore, I would accept the recommendation of the board in this matter that each respondent receive a six-month suspension from the practice of law, but that the suspension be stayed on the condition that there are no further violations of DR 5-103(B).

Moyek, C.J., concurs in the foregoing dissenting opinion.

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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