Cincinnati Bar Assn. v. Farrell
129 Ohio St. 3d 223
| Ohio | 2011Background
- William I. Farrell, admitted to practice in Ohio in 1989, was the respondent.
- In 2008, this court suspended him for two years, with the second year stayed on conditions, based on fabricated documents, forged signatures on a power of attorney, and lies to obtain credit.
- Farrell failed to file or pay taxes for multiple years (2001–2005, and 2006) and filed a false affidavit in December 2007 asserting timely filings and payments.
- The Board adopted the panel’s findings of misconduct but, citing deception and manipulation, recommended permanent disbarment.
- The court overruled Farrell’s objection and permanently disbarred him, taxing costs against him.
- Mitigating factors were considered but rejected; the court found aggravating factors including a six-year pattern of deception and prior disciplinary history.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Farrell violated ethical rules through deceit and dishonesty | Farrell engaged in a six-year pattern of deception harming the discipline system | Farrell argues sanction should be less severe | Yes; violations of Prof.Cond.R. 8.4(b),(c),(d),(h) were established |
| Whether permanent disbarment is warranted | Disbarment is appropriate given pattern of deceit and prior discipline | Indefinite suspension would suffice | Permanent disbarment warranted |
| Whether aggravating/mitigating factors justify the sanction | Aggravating factors predominate; prior discipline and deception pattern | Mitigating factors (cooperation, remorse) lessen severity | Aggravating factors outweighed mitigating factors; sanction upheld |
Key Cases Cited
- Toledo Bar Assn. v. Abood, 104 Ohio St.3d 655 (2004-Ohio-7015) (mitigating factors present; one-year suspension considered for tax offenses)
- Cleveland Bar Assn. v. Smith, 102 Ohio St.3d 10 (2004-Ohio-1582) (six-month conditionally stayed suspension for tax-related misconduct)
- Cuyahoga Cty. Bar Assn. v. Freedman, 107 Ohio St.3d 25 (2005-Ohio-5831) (one-year suspension with mitigating evidence for depression-related misconduct)
- Cuyahoga Cty. Bar Assn. v. Lazzaro, 98 Ohio St.3d 509 (2003-Ohio-2150) (one-year stayed suspension; depression and cocaine dependence as mitigators)
- Patterson v. Columbus Bar Assn., 95 Ohio St.3d 502 (2002-Ohio-2487) (one-year suspension with credits where misconduct did not directly affect clients)
- Cincinnati Bar Assn. v. Deaton, 102 Ohio St.3d 19 (2004-Ohio-1587) (permanent disbarment for predatory lying and deception)
- Disciplinary Counsel v. Manogg, 74 Ohio St.3d 213 (1996) (permanent disbarment for fraudulent misconduct and deception)
- Cuyahoga Cty. Bar Assn. v. Freedman, 107 Ohio St.3d 25 (2005-Ohio-5831) (discussed mitigating factors of depression and treatment)