Credit For Time Served
From the Web page of the Ohio Supreme Court:
The license of [a] Cincinnati attorney…has been indefinitely suspended by the Supreme Court of Ohio for failing to refund unearned legal fees, failing to notify clients that he had allowed his malpractice insurance to lapse, accepting payment from Butler County for representing an indigent client after the client’s family had already paid him, and initially failing to cooperate with disciplinary authorities investigating his misconduct. [The attorney] has been under an interim license suspension since December 2007.
The Court adopted findings by the Board of Commissioners on Grievances & Discipline that in his dealings with four different clients [he] violated multiple attorney discipline rules including those that prohibit neglect of entrusted client legal matters, failure to pay or deliver funds to which a client is entitled, engaging in conduct involving fraud, deceit, dishonesty or misrepresentation and engaging in conduct that reflects adversely on an attorney’s fitness to practice law.
The Court took note of supplemental board findings that [he] had no prior disciplinary offenses, made full financial restitution to his clients and to Butler County, and fully admitted and expressed remorse for his wrongful acts. It also acknowledged expert testimony that a diagnosed mental disability was a significant contributing cause of [his] misconduct, and that he had obtained treatment and a positive prognosis from a qualified health care professional indicating that he will be able to return to the ethical and professional practice of law.
In light of these mitigating factors, the Court voted to impose an indefinite license suspension but to allow credit for the 15 months [his] license has been under an interim suspension. As a result of that credit, the earliest [he] will be eligible to seek reinstatement is December 2009. The Court set conditions for future reinstatement of [his] license, including a three-year period of probation during which he must continue treatment for his diagnosed mental disability and remain in compliance with a recovery contract overseen by the Ohio Lawyers Assistance Program.
The court’s decision is linked here. (Mike Frisch)