Columbus Bar Assn. v. King, 132 Ohio St. 3d 501

Respondent is an Ohio attorney admitted in 1974; Board recommended a two-year suspension.
Respondent deposited client funds from a corporate client and an estate into his client trust account.
Respondent then used those funds for personal and office expenses for several months, sometimes depleting the funds.
Respondent failed to keep separate client ledgers and maintained haphazard records for client funds.
Respondent did not maintain malpractice insurance for much of 2009–2010 and did not notify clients of that fact.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was respondent’s mismanagement of client funds unethical?	King breached Prof.Cond.R. 1.15(a), (c), 8.4(c)	King disputes the extent of mismanagement	Yes; misconduct established
Did respondent fail to promptly return client funds?	King failed to promptly deliver funds as required by 1.15(d)	King claimed disputes over amounts but records show minimal disputes	Yes; violation established
Did fabricated fee dispute justify withholding funds?	King fabricated a fee dispute to justify nonpayment	King denies fabrication as sole motive	Yes; fabrication established
Was failure to maintain malpractice insurance and to inform clients misconduct?	Violation of 1.4(c) (notice to clients) and related rules	King contends no knowledge of required coverage	Yes; violation established
What sanctions are appropriate?	Two-year suspension with CME and probation	King argues lesser sanction is warranted	Two-year suspension with 12 hours accounting/management CLE and one year monitored probation

Columbus Bar Assn. v. Thompson, 69 Ohio St.2d 667 (Ohio 1982) (mishandling funds warrants grave sanction)
Disciplinary Counsel v. Crosby, 124 Ohio St.3d 226 (2009-Ohio-6763) (two-year suspension for commingling and poor recordkeeping)
Disciplinary Counsel v. Wise, 108 Ohio St.3d 381 (2006-Ohio-1194) (separation of client funds from personal funds crucial)