Say Uncle

A partially-stayed two year suspension was imposed by the Ohio Supreme Court of an attorney who was convicted of theft from his deceased brother’s estate.

The attorney agreed that the conviction formed a basis for discipline

In the agreement, Ames admitted that as executor of his brother’s estate, he misappropriated $8,140.39 from his two nieces’ shares of the estate proceeds. Ames also admitted that in a filing in probate court, he falsely represented that he had his nieces’ consent to distribute additional funds to himself. Based on that conduct, he pled guilty to theft by deception, and he agreed to waive his executor’s fee of $2,500 and make restitution in the amount of $5,640.39. The court sentenced him to a three-year period of community control and also ordered, among other things, that he pay $5,640.39 in restitution to the estate at the rate of $160 a month.

Sanction

we accept the parties’ consent-to-discipline agreement. Arthur Arould Ames is hereby suspended from the practice of law for two years with the final six months stayed. Ames’s stayed suspension and his reinstatement to the practice of law are conditioned on his compliance with the restitution order entered in his criminal case and on his committing no further misconduct. If Ames fails to comply with the conditions of the stay, the stay will be lifted and he will serve the entire two-year suspension. Ames shall also receive credit for time served under the interim felony suspension imposed on December 10, 2015.

Four justices dissented and would remand on the credit for time served issue. (Mike Frisch)