Good Boy

The Ohio Supreme Court has imposed a fully-stayed suspension of an attorney for misconduct in two matters.

One involved a Michigan issue

In February 2022, Alex Pratt hired [attorney] Miller to sue a company for damaging his windows while his home was being built in Michigan. At Miller’s request, Kathryn Hickner, an attorney licensed to practice in Michigan who worked at the same firm as Miller, filed the lawsuit since Miller is not licensed in Michigan.

Pratt subsequently contacted Miller regarding a lawsuit the Michigan Liquor Control Commission had filed against Pratt’s company, Good Boy Vodka, L.L.C. Miller sent the commission a letter requesting a copy of the violation report supporting its lawsuit. The commission then inquired whether Miller was licensed to practice in Michigan, explaining that it could release the report only to a Michigan-licensed attorney or an authorized signer for the company; Miller was neither. Miller directed his staff to send the commission a letter using Hickner’s information and signature, without first obtaining her approval.

Based on the letter, the commission entered a notice of appearance for Hickner as counsel for Good Boy Vodka. Prompted by the notice, Good Boy Vodka contacted Hickner to inform her that it was being represented by a different attorney. Miller’s firm then discovered that he had used Hickner’s information and signature without her permission.

Mitigation

Miller has submitted compelling mitigating evidence. Miller has an alcohol-use disorder for which he has entered into an Ohio Lawyers Assistance Program contract, and he has been receiving ongoing treatment since entering an intensive outpatient program on October 12, 2022. His attending physician since November 29, 2022, Joseph W. Janesz, Ph.D., submitted a letter stating that Miller had been severely dependent on alcohol and that his disorder had compromised his ability to function professionally. Dr. Janesz reports that Miller’s recovery has been consistent and that he has demonstrated positive change in his life. As proof of Miller’s good character and reputation, the panel received nine letters submitted on Miller’s behalf by community members, friends, and fellow members of the bar that attest to his upstanding behavior and the effect that his disorder had had on his judgment and actions. Lastly, we note that in addition to the other mitigating factors present, Miller’s dishonest misconduct was an isolated incident in an otherwise unblemished career.

Sanction

Jeffrey Charles Miller is suspended from the practice of law in Ohio for one year, with the entire suspension stayed on the conditions that he (1) engage in no further misconduct and (2) submit to relator quarterly reports from Dr. Janesz or another treating healthcare professional regarding Miller’s compliance with treatment recommendations for the next 36 months. If Miller violates either condition of the stay, the stay will be lifted and he will serve the oneyear suspension in its entirety.

(Mike Frisch)