Opinion

Cuyahoga County Bar Ass'n v. Nance

  • 119 Ohio St. 3d 55
  • 891 N.E.2d 746
Court
Ohio Supreme Court
Filed
Jul 9, 2008
Status
Published
Author
Moyer
On the bench
Connor, Cupp, Donnell, Lanzinger, Moyer, Pfeifer, Stratton
Cited by
6 cases

imposing a six-month stayed suspension on an attorney who engaged in conduct that adversely reflected on his fitness to practice law by using his client trust account to pay personal and business expenses and overdrawing the account on at least one occasion

How later courts described this case

  • imposing a six-month stayed suspension on an attorney who engaged in conduct that adversely reflected on his fitness to practice law by using his client trust account to pay personal and business expenses and overdrawing the account on at least one occasion

Written by the judges who cited it.

The opinion

Moyer, C.J.,

dissenting.

{¶ 10} I respectfully dissent from the majority decision in regard to the sanction imposed on respondent. Respondent stipulated that he improperly used his trust account to pay personal or business expenses on 122 different occasions, and that he overdrew the account on two of those occasions. In addition, respondent was suspended from the practice of law for ten days in 2005 for failing to pay his biennial registration fees and registered late for the biennium commencing September 1, 2007.

{¶ 11} Respondent’s actions illustrate a troubling carelessness for monetary concerns; such conduct warrants a stricter sanction than the stayed suspension that the majority imposes. ' I would therefore impose a six-month suspension from the practice of law, with no time stayed.

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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