Opinion

Office of Disciplinary Counsel v. Fowerbaugh

  • 74 Ohio St. 3d 187
  • 1995 Ohio 261
Court
Ohio Supreme Court
Filed
Dec 12, 1995
Status
Published
Author
Resnick
On the bench
Moyer, Wright, Sweeney, Cook, Douglas, Resnick, Pfeifer
Cited by
103 cases
Authority
More cited than 11.4%

holding that an attorney who engages in a course of conduct involving dishonesty, fraud, deceit, or misrepresentation will be actually suspended from the practice of law for an appropriate period of time

How later courts described this case

  • holding that an attorney who engages in a course of conduct involving dishonesty, fraud, deceit, or misrepresentation will be actually suspended from the practice of law for an appropriate period of time
  • creating a presumption that an attorney who has engaged in a course of conduct involving dishonesty, fraud, deceit, or misrepresentation will receive an actual suspension
  • creating 5 SUPREME COURT OF OHIO a presumption that an attorney who has engaged in a course of conduct involving dishonesty, fraud, deceit, or misrepresentation will receive an actual suspension

Written by the judges who cited it.

The opinion

Alice Robie Resnick, J.,

concurring in judgment. For the reasons set forth in my dissenting opinion in Disciplinary Counsel v. Greene (1995), 74 Ohio St.3d 13 , 655 N.E.2d 1299 , I concur in judgment only. It is the responsibility of this court to give guidance as to what conduct constitutes a violation of the Disciplinary Rules. It is not the province of this court to use syllabus law to mandate a particular sanction once a violation has been found. The sanction in each individual’s case should be determined based upon the unique facts and circumstances of that case.

Douglas, J., concurs in the foregoing 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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