Akron Bar Assn. v. Fink
959 N.E.2d 1045
Ohio2011Background
- Respondent Eric R. Fink, admitted to practice in 1999, faced a disciplinary complaint in Feb. 2010 for failing to cooperate and for conduct prejudicial to the administration of justice.
- May 2009 grievance by former clients alleged issues; relator sent inquiries and subpoena duces tecum to Fink but he did not respond.
- Relator obtained additional information leading to dismissal of the underlying grievance; a complaint was filed charging violations of Prof.Cond.R. 8.4(d) and Gov.Bar R V(4)(G).
- Fink later contacted relator, filed an answer, provided a letter outlining facts, and met with relator’s grievance committee to answer questions.
- At hearing, Fink admitted receipt of inquiries but asserted he did not recall opening certified mail; he acknowledged the seriousness after being advised by a local attorney.
- Board adopted stipulated facts and found violations; court adopted board’s findings and imposed a public reprimand with costs taxed to Fink.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Fink’s failure to cooperate violated professional rules | Fink failed to respond to inquiries and subpoenas, violating Prof.Cond.R. 8.4(d) and Gov.Bar R V(4)(G). | Fink eventually cooperated and recognized the seriousness; mitigating factors support leniency. | Yes; misconduct found under Prof.Cond.R. 8.4(d) and Gov.Bar R V(4)(G). |
| Whether public reprimand is an appropriate sanction | Public reprimand appropriately sanctionous for failure to cooperate. | Mitigating factors reduce severity; more than a citation or admonition may be excessive. | Yes; public reprimand warranted given mitigating factors and remedial steps. |
| Role of mitigating factors in sanctioning | Mitigating factors reduce need for harsher discipline. | Absence of prior discipline, cooperation, and character support mitigation. | Mitigating factors present; no aggravating factors found. |
Key Cases Cited
- Stark Cty. Bar Assn. v. Buttacavoli, 96 Ohio St.3d 424 (2002-Ohio-4743) (agrees to consider sanctions in light of similar cases)
- Columbus Bar Assn. v. Deffet, 98 Ohio St.3d 384 (2003-Ohio-1090) (public reprimand for misconduct including failure to cooperate)
- Cleveland Bar Assn. v. Allanson, 72 Ohio St.3d 228 (1995) (public reprimand for failure to cooperate and registration issues)