Cleveland Metropolitan Bar Ass'n v. Cicirella
133 Ohio St. 3d 448
| Ohio | 2012Background
- Respondent Leonette F. Cicirella, admitted to Ohio bar in 1989, has repeatedly been disciplined since 1999.
- Her license has been suspended since September 1999, with earlier suspensions for misconduct and failure to comply with suspension orders.
- In 2005 she was suspended from attorney registration; in 2011 relator filed a complaint alleging continuing misconduct while suspended and failure to respond to investigation.
- In 2005 she drafted living trusts for a client while suspended, receiving a $250 retainer, then failed to refund funds or return documents.
- In 2010 Hydash grievance was filed; Cicirella did not respond to inquiries or timely cooperate in the disciplinary process.
- The Board of Commissioners on Grievances and Discipline recommended permanent disbarment, which the Supreme Court adopted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Cicirella practicing law while suspended violated rules | Relator: violations of DR 1-102 and Prof.Cond.R. 5.5 | Cicirella: contested the applicability of conduct after 2007 | Yes, misconduct established and disbarment warranted |
| Whether post-suspension conduct violated professional rules | Cicirella failed to act with diligence, inform client, or refund funds | Cicirella contested the alleged failures as isolated incidents | Conduct after suspension violated multiple Rules of Professional Conduct and Gov.Bar rules |
| Appropriate sanction for ongoing misconduct while suspended | Disbarment is presumptive for continuing practice | Disbarment not excessive given circumstances | Disbarment is the appropriate sanction |
| Restitution and return of client file | Cicirella should refund $250 and return Hydash’s file | Cicirella ordered to restitution and to return Hydash’s file within 30 days |
Key Cases Cited
- Cleveland Bar Assn. v. Cicirella, 86 Ohio St.3d 544 (1999) (prior discipline for neglect and lack of cooperation)
- Cleveland Bar Assn. v. Cicirella, 88 Ohio St.3d 1463 (2000) (contempt for failure to surrender certificate and registration)
- In re Attorney Registration Suspension of Cicirella, 2005-Ohio-6408 (2005) (suspension of attorney registration)
- Stark Cty. Bar Assn. v. Buttacavoli, 96 Ohio St.3d 424 (2002) (aggravating/mitigating factors in discipline)
- Disciplinary Counsel v. Frazier, 110 Ohio St.3d 288 (2006) (disbarment as presumptive sanction for continued practice)
- Disciplinary Counsel v. Sabroff, 123 Ohio St.3d 182 (2009) (support for disbarment and restitution rationale)