2019 Ohio 4203
Ohio2019Background
- Two consolidated disciplinary matters against attorney Kory Akin Jackson: an August 2017 complaint (Williams matter) and a July 2018 complaint (Allen and Folden matters); the Supreme Court earlier rejected a consent-to-discipline in the Williams matter and remanded for further proceedings.
- Williams matter: Jackson accepted $2,500 and later $3,500 from the inmate’s mother for appellate/habeas work, failed to deposit advance fees into his client trust account, kept no adequate records, performed no filings, and returned the fees only after investigation and remand.
- Allen/Folden matters: Jackson settled contingent-fee personal-injury cases, deposited settlement checks into his trust account, but failed to prepare signed closing statements and initially did not ensure timely payment to a treating chiropractic clinic; the clinic later received payment after the grievance.
- Jackson could not document continuous professional-liability insurance for the period he represented Allen and Folden and failed to inform clients about lapses in coverage.
- Board findings: violations of Prof.Cond.R. 1.15(a), 1.15(c), 1.15(d), 1.5(c)(2), and 1.4(c); aggravating factor—pattern/multiple offenses; mitigating factors—no prior record, cooperation, restitution and refunds, character evidence, and later procurement of insurance.
- Disposition: Court adopted the board’s recommendation and imposed a six-month suspension, all stayed on conditions (120 days to complete 3 CLE hours in law-office management and 3 CLE hours in trust-account management; no further misconduct); costs taxed to Jackson.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Jackson violate trust-account rules by failing to deposit advance fees and keep records (Williams)? | Yes—advance fees must be placed in trust and records preserved. | Jackson returned fees and cooperated; no ongoing client harm. | Court: Violation of Prof.Cond.R. 1.15(a) and 1.15(c); misconduct sustained. |
| Did Jackson fail to notify/pay a third party and to prepare closing statements (Allen/Folden)? | Yes—lawyer must promptly notify/deliver funds to third persons and prepare signed closing statements under contingent-fee rules. | Payments were ultimately made and Jackson cooperated during the investigation. | Court: Violation of Prof.Cond.R. 1.15(d) and 1.5(c)(2); misconduct sustained. |
| Did Jackson violate duties regarding professional-liability insurance disclosure? | Yes—must inform clients if lawyer does not maintain malpractice insurance. | Jackson had coverage for part of the period and later obtained insurance; cooperated afterward. | Court: Violation of Prof.Cond.R. 1.4(c); misconduct sustained. |
| What sanction is appropriate given the misconduct, mitigation, restitution, and prior remand? | Bar: a suspension consistent with precedent for similar recordkeeping, third-party-payment, and insurance-notice failures. | Jackson: mitigating factors (no prior discipline, restitution, cooperation) warrant a lesser sanction. | Court: Conditionallystayed six-month suspension (CLE requirements and no further misconduct); stay to be lifted on noncompliance. |
Key Cases Cited
- Cincinnati Bar Assn. v. Jackson, 153 Ohio St.3d 1479 (2018) (Supreme Court rejected earlier consent-to-discipline and remanded for further proceedings)
- Columbus Bar Assn. v. Keating, 155 Ohio St.3d 347 (2018) (conditionally stayed six-month suspension for similar trust-account, third-party payment, recordkeeping, and insurance-notice failures)
- Toledo Bar Assn. v. Gregory, 132 Ohio St.3d 110 (2012) (conditionally stayed six-month suspension for failure to maintain accurate trust-account records and reconciliations)