Opinion

Miami County Bar Ass'n v. Hallows

  • 78 Ohio St. 3d 75
  • 676 N.E.2d 517
Court
Ohio Supreme Court
Filed
Mar 26, 1997
Status
Published
On the bench
Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney
Cited by
10 cases
Authority
More cited than 94.7%

The opinion

Per Curiam.

Public trust in the legal profession is tested daily in the service provided by each individual lawyer to his or her clients. When a lawyer, who has taken responsibility for a client’s papers or property, commingles client funds or dissipates that property, that lawyer not only ill serves the client but also contributes to the erosion of public trust in the profession. Columbus Bar Assn, v. Brooks (1996), 75 Ohio St.3d 524 , 664 N.E.2d 900 .

This disciplinary proceeding involves a respondent whose clients expected him to promptly remit settlement funds and to handle estate funds with the utmost care. Respondent not only failed to remit client funds promptly when requested but also filed false reports with the probate court and misappropriated moneys in two guardianship estates.

Respondent has received criminal penalties for his fraud and defalcation. It is our duty not to punish further for these infractions but, as required by our power of superintendence of the practice and profession of law in this state, to determine whether and on what conditions respondent should remain on the roll of those attorneys permitted to practice in Ohio.

During the past year we have said at least three times that the appropriate sanction for misappropriation of client funds is disbarment. Columbus Bar Assn. v. Sterner (1996), 77 Ohio St.3d 164, 167 , 672 N.E.2d 633, 635 ; Mahoning Cty. Bar Assn. v. Michaels (1996), 75 Ohio St.3d 645, 647 , 665 N.E.2d 676, 677 ; Disciplinary Counsel v. Connaughton (1996), 75 Ohio St.3d 644, 645 , 665 N.E.2d 675 , 676. This is not a new sanction. We have imposed this penalty for at least twenty-two years. Cf. Lake Cty. Bar Assn. v. Ostrander (1975), 41 Ohio St.2d 93 , 70 O.O.2d 173 , 322 N.E.2d 653 .

In this case the board found mitigating circumstances and recommended a penalty of indefinite suspension. In a recent similar case which could otherwise have warranted disbarment, we gave weight to the attorney’s sincere attempt to overcome his alcoholism and the board’s recommendation of leniency. Cuyahoga Cty. Bar Assn. v. Keeler (1996), 76 Ohio St.3d 471, 475 , 668 N.E.2d 471, 474 . For a similar reason, we adopt the recommendation of the board and the respondent is hereby indefinitely suspended from the practice of law in Ohio. Costs are taxed to the respondent.

Judgment accordingly.

Douglas, Resnick, F.E. Sweeney and Lundberg Stratton, JJ., concur.

*78 Cook, J., dissents.

Moyer, C.J., and Pfeifer, J., not participating.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.