2018 Ohio 5093
Ohio2018Background
- Tamara Dawn Parkin, admitted 2007, faced eight grievances alleging repeated professional misconduct in domestic-relations matters.
- Parkin admitted she did not maintain a client trust account and failed to obtain written acknowledgments from clients about absence or lapse of malpractice insurance.
- Clients paid retainers or flat fees that Parkin did not deposit into a separate interest-bearing client trust account; several clients experienced missed filings, unfiled claims, continuances without client notice, and delayed or missing returned files or refunds.
- Parkin represented to a court that she had ceased practicing law to obtain a continuance while continuing to represent existing clients, leading to a finding of dishonesty to the court.
- The Board of Professional Conduct found violations of multiple Prof.Cond.R. provisions (including 1.3, 1.4, 1.15, 1.16, and 8.4(c)) and recommended a two-year suspension; the Supreme Court adopted the board’s findings and imposed a two-year suspension with restitution and conditions for reinstatement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Parkin commingled client funds and failed to maintain a client trust account | Parkin accepted retainers/fees and failed to deposit them into a client trust account, violating Prof.Cond.R. 1.15 | Parkin did not dispute receiving funds but offered various explanations for accounting and handling | Court held Parkin violated Prof.Cond.R. 1.15 in multiple matters |
| Whether Parkin failed to notify clients about lack/lapse of malpractice insurance | Relator argued Parkin failed to inform clients and obtain written acknowledgments as required by Prof.Cond.R. 1.4(c) | Parkin admitted failure to obtain written acknowledgments and notification | Court held Parkin violated Prof.Cond.R. 1.4(c) in several matters |
| Whether Parkin neglected client matters and failed to communicate or return files/refunds | Relator showed delays, missed filings, failure to file requested claims, poor communication, and failure to return files/refunds, violating Prof.Cond.R. 1.3, 1.4, 1.16 | Parkin acknowledged some communication lapses but attributed issues to employment changes and practice cessation | Court held Parkin violated Prof.Cond.R. 1.3, 1.4(a), 1.16(d)/(e) in multiple matters |
| Whether Parkin engaged in dishonest conduct by misrepresenting to the court that she ceased practicing law | Relator argued Parkin misrepresented her status to obtain a continuance, violating Prof.Cond.R. 8.4(c) | Parkin claimed she had obtained other employment and was not accepting new clients though she continued existing representations | Court held Parkin violated Prof.Cond.R. 8.4(c) for the misrepresentation to the court |
Key Cases Cited
- Cincinnati Bar Assn. v. Hauck, 129 Ohio St.3d 209 (attorney commingled funds and failed to notify clients of lapse of malpractice insurance; one-year suspension)
- Cincinnati Bar Assn. v. Larson, 124 Ohio St.3d 249 (neglect, failure to refund, misleading client; two-year suspension with portion stayed)
- Akron Bar Assn. v. Bednarski, 148 Ohio St.3d 615 (failure to maintain trust account, neglect, failure to notify of malpractice-insurance lapse; two-year suspension)
- Medina Cty. Bar Assn. v. Malynn, 131 Ohio St.3d 377 (neglect, dishonest conduct, failure to preserve client funds; two-year suspension)