Akron Bar Association v. Bednarski
148 Ohio St. 3d 615
| Ohio | 2017Background
- Holly Lynn Bednarski, admitted 2004, was charged by the Akron Bar Association with professional misconduct in two client matters and defaulted in initial proceedings, prompting an interim suspension.
- Count One: Client Jones paid a $1,500 flat fee for an appellate brief; Bednarski did not maintain a trust account, did not use a written fee agreement nor provide required notices, failed to communicate, did not file the brief, and the appeal was dismissed; Jones lost the stay of his sentence.
- Count Two: Client Moser paid $1,360 for criminal defense; Bednarski lacked a trust account and required notices; she prepared to withdraw before a felony trial but never moved to withdraw; she successfully defended a related misdemeanor.
- By default and later admissions at hearing, Bednarski was deemed to have violated multiple Prof.Cond.R. provisions (competence, diligence, communication, fee and trust-account rules).
- Aggravating factors included a pattern of misconduct, multiple offenses, lack of cooperation, client harm, and unpaid restitution of $1,515.10; mitigation included no prior discipline and no dishonest motive.
- The board and panel recommended a two-year suspension (final six months stayed on conditions), OLAP assessment/treatment, restitution payments, CLE in law-office management, and monitored probation; the Supreme Court adopted that sanction (no credit for interim suspension time).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Bednarski violate duties of competence, diligence, and communication in Jones matter? | Relator: failed to file appellate brief, failed to communicate, and thus violated Prof.Cond.R. 1.1, 1.3, 1.4. | Bednarski defaulted and later admitted misconduct; no substantive defense preserved. | Court held violations proven and deemed by default. |
| Did Bednarski violate fee, trust-account, and disclosure rules for advance fees and insurance notice? | Relator: failed to deposit advance fees into trust, lacked written fee notices and insurance acknowledgments, violating Prof.Cond.R. 1.5(d)(3), 1.15(c), 1.4(c). | Bednarski acknowledged she did not maintain proper accounts/notifications; no effective rebuttal. | Court held violations proven and deemed by default. |
| Did Bednarski improperly fail to withdraw or otherwise handle the Moser representation? | Relator: failed to move to withdraw and failed to provide required notices or trust-account handling (Prof.Cond.R. 1.4(c), 1.15(c)). | Bednarski argued breakdown in communication and transition to new counsel; did not move to withdraw. | Court held violations proven (deemed by default) for failure to comply with disclosure and trust-account rules; no credit for any contrary effect. |
| What sanction is appropriate given misconduct, aggravating/mitigating factors, and precedent? | Relator recommended two-year suspension with conditions (OLAP, restitution payments, CLE, probation). | Bednarski (through testimony) sought leniency citing alcoholism, financial hardship, and remedial changes; but lacked cooperation and treatment. | Court imposed two-year suspension, final six months stayed on conditions (OLAP assessment/treatment, $100/month restitution payments until $1,515.10 paid, 12 CLE hours in law-office management plus standard CLE, commit no further misconduct), and two years monitored probation on reinstatement. |
Key Cases Cited
- Toledo Bar Assn. v. Stewart, 135 Ohio St.3d 316 (two-year suspension with second year stayed for pattern of neglect, failure to segregate client funds, and partial noncooperation)
- Columbus Bar Assn. v. Williams, 129 Ohio St.3d 603 (two-year suspension fully stayed conditioned on OLAP compliance for neglect, communication failures, and impairment)
- Stark Cty. Bar Assn. v. Marinelli, 144 Ohio St.3d 341 (two-year suspension with year stayed conditioned on OLAP, client trust account, CLE, recommender, and monitored probation for widespread neglect and failure to refund)
- Disciplinary Counsel v. Talikka, 135 Ohio St.3d 323 (two-year suspension with one year stayed for failure to file and to refund or protect client interests)