Misuse Of Trust Account
The web page of the Ohio Supreme Court notes:
The Supreme Court of Ohio today imposed a 24-monthsuspension against the license of [a] Cleveland attorney…for engaging in a pattern of misconduct in which [he]commingled his own funds with client funds on deposit in his law officetrust account, and improperly used the trust account as a personal bankaccount and operating account for an extended period in order to avoidcollection actions by his creditors for unpaid judgments and delinquenttaxes.
In a 6-1 decision, the Court voted to adopt findingsby the Board of Commissioners on Grievances & Discipline that [the attorney] engaged in fraudulent trust account practices and deliberatedeceptions between January 2006 and May 2007. Specifically, he]violated the rules of professional conduct that require an attorney tomaintain a trust account in which only client funds are held, to avoidcommingling of his personal funds with monies held for clients, and tokeep full and accurate records of all funds deposited to and withdrawnfrom his trust account. The Court also found violations of thedisciplinary rules that prohibit attorneys from engaging in conductprejudicial to the administration of justice and conduct that adverselyreflects on an attorney’s fitness to practice law.
The Courtadopted the disciplinary board’s recommended sanction of a 24-monthlicense suspension, and imposed as pre-conditions for reinstatement therequirements that [the attorney] complete six additional continuing legaleducation hours in law-office management and accounting and fully payor provide evidence that he has entered into settlements of 12 courtjudgments currently outstanding against him totaling nearly $25,000.
Themajority opinion, authored by Justice Judith Ann Lanzinger, was joinedby Chief Justice Thomas J. Moyer and Justices Evelyn Lundberg Stratton,Maureen O’Connor, Terrence O’Donnell and Robert R. Cupp. Justice PaulE. Pfeifer dissented, stating that he would impose a two-yearsuspension with the second year stayed on conditions.
The court’s decision is linked here. (Mike Frisch)