2014 Ohio 2114
Ohio2014Background
- Trent Allen Binger, admitted in Ohio 2001, was charged by the Akron Bar Association with four counts of misconduct; he admitted Counts I and II and the parties later stipulated facts.
- Count I: Binger notarized a spouse’s signatures on divorce/waiver documents without witnessing them.
- Count II: Binger practiced without professional-liability insurance and failed to notify clients or obtain written acknowledgment; his office signage stated he was "self-insured," which he testified was false.
- Counts III and IV (CLE noncompliance and failure to update court address) were added later; parties stipulated to their dismissal but the panel’s procedural dismissal was defective and the court reviewed them on the merits.
- The board found misconduct on Counts I and II, recommended a six-month stayed suspension with monitored probation and mentoring; the Supreme Court adopted findings of misconduct but imposed an 18-month suspension, all stayed on condition of no further misconduct; Counts III and IV were dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Improper notarization (not witnessing signatures) | Binger violated rules prohibiting dishonesty and conduct reflecting adversely on fitness to practice. | Binger admitted notarizing but contended the signer later confirmed the signatures. | Court adopted finding of misconduct (Prof.Cond.R. 8.4(c),(h)). |
| Failure to notify clients of lack of malpractice insurance / false "self-insured" representation | Binger failed to inform clients and obtain written acknowledgment as required. | Binger said he posted a sign and meant "self-insured" to indicate uninsured status. | Court found misconduct: he misrepresented being self-insured and failed to comply with Prof.Cond.R. 1.4(c). |
| CLE noncompliance (multiple biennia) | Relator sought discipline for failing to complete/report CLE hours. | Binger had prior CLE sanctions and had been suspended/reinstated previously. | Dismissed: CLE violations already sanctioned previously and Gov.Bar R. X prohibits considering prior CLE sanctions in disciplinary sanctions. |
| Failure to update address with Office of Attorney Services | Relator alleged Binger failed to keep addresses current during investigation and suspension. | Binger disputed; record did not establish inaccuracy. | Dismissed for lack of clear and convincing evidence. |
Key Cases Cited
- Columbus Bar Assn. v. Craig, 131 Ohio St.3d 364 (2012) (public reprimand for forged signature and improper notarization in a consent discipline setting)
- Disciplinary Counsel v. Koehler, 132 Ohio St.3d 465 (2012) (imposed stayed six-month suspension for forgery and false notarization where attorney showed no remorse)
- Akron Bar Assn. v. DeLoach, 133 Ohio St.3d 329 (2012) (public reprimand for failure to notify clients of lack of malpractice insurance where mitigation was significant)
- Disciplinary Counsel v. Karris, 129 Ohio St.3d 499 (2011) (dishonesty-related misconduct generally warrants actual suspension)
- Disciplinary Counsel v. Kraemer, 126 Ohio St.3d 163 (2010) (dishonesty misconduct supports suspension)
- Disciplinary Counsel v. Fowerbaugh, 74 Ohio St.3d 187 (1995) (same principle regarding dishonesty-related sanctions)