Cincinnati Bar Association v. Weber.
152 Ohio St. 3d 435
| Ohio | 2017Background
- John Patrick Weber, Ohio attorney (Reg. No. 0076164), was suspended Dec. 10, 2015 for failing to meet CLE requirements; he was reinstated Jan. 25, 2016 after curing deficiencies.
- Relator (Cincinnati Bar Association) charged Weber in Nov. 2016 with practicing while suspended and other misconduct after Weber represented clients in Jan. 2016 before receiving notice of suspension.
- Weber had not updated his address with the Office of Attorney Services (moved in 2011), so he did not receive the suspension notice.
- Relator established that Weber’s IOLTA/client trust account remained open (balance ~$312), contrary to his deposition claim that he had closed it; he also failed to deposit advance client fees into the trust account and did not report the account on his 2015 registration.
- Weber admitted he lacked malpractice insurance since 2014 and failed to notify clients in writing as required.
- Weber participated in parts of the disciplinary process but failed to appear at the disciplinary hearing; the Board found multiple violations and recommended a two-year suspension with the second year stayed on conditions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Practicing while suspended | Weber practiced law during his CLE suspension and violated Gov.Bar duties | Weber contends he acted before receiving notice because he did not receive mailed suspension (failed to update address) | Court found he practiced while suspended; violated rules; addressed notice issue but still misconduct established |
| Failure to update registration info | Weber violated rule requiring current contact and trust-account info on registration | Weber had moved and did not notify Office of Attorney Services | Court held Weber violated Gov.Bar R. VI(4)(B) and VI(4)(D) by failing to update registration and report trust account |
| Client-trust-account mismanagement | Weber kept account open, misrepresented closure, accepted advance fees and failed to deposit them into IOLTA | Weber’s deposition misstatement contradicted bank records; no persuasive defense offered | Court found violations of Prof.Cond.R. 1.15(a) and 1.15(c) for improper handling of client funds |
| Failure to notify clients of lack of malpractice insurance | Weber did not maintain malpractice insurance and failed to notify clients in writing | Weber admitted lack of insurance but did not provide required written notice | Court found violation of Prof.Cond.R. 1.4(c) |
| Appropriate sanction | Relator sought significant discipline (disbarment or lengthy suspension) given multiple violations and prior record | Weber argued mitigating factors: no client harm, lack of dishonest motive, prompt cure of CLE deficiency | Court adopted Board’s recommendation: two-year suspension with second year stayed on conditions, conditioned reinstatement on CLE (6 hours IOLTA) and proof of proper distribution of trust funds |
Key Cases Cited
- Disciplinary Counsel v. Koury, 77 Ohio St.3d 433 (1997) (continuing to practice while suspended normally warrants disbarment)
- Disciplinary Counsel v. Seabrook, 133 Ohio St.3d 97 (2012) (two-year suspension with second year stayed for practicing while suspended where mitigating factors existed)
- Disciplinary Counsel v. Eisler, 143 Ohio St.3d 51 (2015) (two-year suspension with second year stayed for court appearance while under CLE suspension despite multiple aggravating factors)
- Disciplinary Counsel v. Bancsi, 79 Ohio St.3d 392 (1997) (shorter stayed suspension where attorney promptly cured CLE deficiency and suspension was brief)