35 Years

The Ohio Supreme Court concluded that a career of discipline-free practice outweighed aggravating factors and merited a full-stayed suspension

In an October 11, 2023 complaint, relator, the Columbus Bar Association, charged Villarreal with professional misconduct arising from her defense of frivolous mechanic’s liens, for which she was sanctioned under Civ.R. 11, and from her lack of diligence and communication in representing a client in a domestic-relations matter. The parties entered into stipulations of fact and misconduct.

The Board of Professional Conduct had proposed a one-year suspension with six months stayed

After a review of the record and our caselaw, we adopt the board’s findings of fact and misconduct. However, we reject its recommended sanction and conclude that the appropriate sanction for Villarreal’s misconduct is an 18- month suspension fully stayed on conditions.

Sanction

In accordance with our precedent, we conclude that Villarreal’s isolated conduct and mitigation overcome the presumption of an actual suspension. The parties recommend that Villarreal receive a conditionally stayed 18-month suspension, and we agree that an 18-month suspension fully stayed on the conditions recommended by the board is the appropriate sanction for Villarreal’s misconduct. Villarreal presented significant mitigation. She showed remorse, and she made a full and free disclosure to the board and fully cooperated in the disciplinary proceedings. She also made a timely, good faith effort to make restitution, paid $48,000 in sanctions for her dishonesty, and has an otherwise unblemished record in 35 years of practice.

After weighing Villarreal’s misconduct, the aggravating and mitigating factors present in this case, and our precedent, we conclude that the appropriate sanction for Villarreal’s misconduct is a fully stayed 18-month suspension from the practice of law. We also conclude that the conditions proposed by the board and uncontested by the parties in their respective briefs are appropriate here. Therefore, Villarreal must engage in no further misconduct, complete six hours of CLE focused on law-office management (in addition to the requirements of Gov.Bar R. X), and work with a monitoring attorney appointed by relator for a period of one year, with monitoring focused on law-office management and client communications.

(Mike Frisch)