Cleveland Metropolitan Bar Ass'n v. Brown, 130 Ohio St. 3d 147

This is the Ohio Supreme Court disciplinary case against Shawn J. Brown for attorney misconduct and a prior attorney-registration suspension.
Brown was admitted to the Ohio bar in 2005 and was suspended in 2009 for failing to register for the 2009/2011 biennium; he remains under the registration suspension.
Between June 29, 2009 and January 14, 2010, three grievances were filed; Brown did not answer, and a default was sought and granted after service attempts failed.
The Board of Commissioners on Grievances and Discipline adopted findings that Brown engaged in neglect, poor communication, mismanagement of funds, incompetence, and dishonesty in three matters (Stewart, Green, Walling).
The master commissioner recommended permanent disbarment; the board recommended indefinite suspension with restitution to three clients; the Supreme Court adopted the board’s recommendation and ordered consecutive suspension to the registration suspension plus restitution within 60 days.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did Brown violate ethics rules in Stewart matter?	Stewart: neglect, poor communication, failure to account, dishonesty.	Brown disputed or minimized conduct; argued no intent to defraud.	Yes; multiple rule violations established.
Did Brown violate ethics rules in Green matter?	Green: lack of competent representation and failure to provide fee refunds or file petition.	Brown lacked bankruptcy experience but claimed diligence would follow.	Yes; applicable rules violated (competence, communication, funds, dishonesty).
Did Brown violate ethics rules in Walling matter?	Brown failed to maintain client trust funds and failed to render accounts.	Garnishment proceeds allegedly covered fees; records were lacking.	Yes; improper handling of client funds and lack of trust accounting.
What sanction is appropriate given Brown's misconduct?	Relator sought permanent disbarment for serial misconduct.	Mitigating factors; lack of prior disciplinary record weighed in favor of less severe sanction.	Indefinite suspension, consecutive to registration suspension, with restitution to clients.

Columbus Bar Assn. v. Larkin, 128 Ohio St.3d 368 (2011) (prior attorney-registration violation treated as disciplinary offense)
Disciplinary Counsel v. Mitchell, 124 Ohio St.3d 266 (2010) (prior disciplinary offense recognized)
Akron Bar Assn. v. Paulson, 112 Ohio St.3d 334 (2006) (prior disciplinary offense recognized)