Disbarment Not Imposed In Misappropriation Matters

The Ohio Supreme Court has suspended an attorney for two years with 18 months stayed

Scribner admits that he received personal-injury settlements on behalf of the clients at issue in this count and that during a period of financial strain, he misappropriated portions of those funds belonging to seven of those clients for his own personal or business purposes or to reimburse funds that he had previously misappropriated from other clients.

In response to charges

The parties stipulated and the board found that Scribner had acted with a dishonest or selfish motive, engaged in a pattern of misconduct, and committed multiple offenses and that his clients were vulnerable; in addition, we note that some clients experienced delays in the distribution of portions of their settlement proceeds. See Gov.Bar R. V(13)(B)(2), (3), (4), and (8). As for mitigation, the parties stipulated and the board found that Scribner had a clean disciplinary record; had made a timely, good faith effort to make restitution; had made full and free disclosure to the board and exhibited a cooperative attitude toward the disciplinary proceedings; and had presented evidence of his good character. See Gov.Bar. R. V(13)(C)(1), (3), (4), and (5). The board also found that Scribner was genuinely remorseful for his misconduct, had accepted full responsibility for his actions, and had completed a continuing-legal-education (“CLE”) course focused on client-trust-account management before his disciplinary hearing.

Scribner testified that he was experiencing mental-health issues due to challenging situations in his life, including financial difficulties related to a failing business venture, during the period when he committed the misconduct. On relator’s recommendation, he had contacted the Ohio Lawyers Assistance Program (“OLAP”). Although he signed a two-year OLAP contract on August 9, 2022, that required him to refrain from the use of all mood-altering substances including alcohol, he did not seek to establish any mental or substance-use disorder as a mitigating factor. See Gov.Bar R. V(13)(C)(7).

While the presumptive sanction for misappropriation is disbarment

After considering the range of sanctions we have imposed for similar misconduct, the board recommends that we suspend Scribner for two years with 18 months stayed. In addition, the board recommends that we condition Scribner’s reinstatement to the practice of law on the submission of proof that he has complied with his August 9, 2022 OLAP contract and any extension thereof and has completed three hours of CLE focused on client-trust-account management, in addition to the requirements of Gov.Bar R. X. Furthermore, the board recommends that upon reinstatement, Scribner be required to serve a one-year period of monitored probation focused on his law-office and client-trust-account management. Having considered Scribner’s misconduct, the aggravating and mitigating factors, and our applicable precedent, we agree that a two-year suspension with 18 months stayed, with conditions on reinstatement and a period of monitored probation, is the appropriate sanction in this case.

(Mike Frisch)