Columbus Bar Assn. v. Squeo
979 N.E.2d 321
Ohio2012Background
- Columbus Bar Association filed an amended complaint on April 11, 2011 alleging misconduct and unauthorized practice while suspended and failure to cooperate.
- Respondent Mark J. Squeo was admitted in 1989; prior suspensions (2003 CLE violation, 2005-2007 registration) remain in effect.
- Panel found Squeo engaged in dishonesty/by practicing law while suspended and failed to cooperate in the disciplinary investigation.
- Evidence included three 2004 real-estate documents bearing Squeo’s signature stating the documents were prepared by him.
- The board adopted the panel’s findings; the court accepted the findings and imposed sanctions.
- Squeo was indefinitely suspended from the practice of law; costs taxed to Squeo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Squeo practiced law while suspended and misrepresented himself as an attorney | Squeo violated 5.5, 8.4. | Squeo contends no applicable violation or insufficient proof. | Yes; violations established and indefinite suspension warranted. |
| Whether Squeo failed to cooperate in the disciplinary process | Squeo failed to appear for deposition and respond to discovery. | Squeo argues procedural issues or insufficient service. | Yes; violation of 8.1(b) and 8.4(h) supported discipline. |
| Whether documents filed in 2004 show practicing law while suspended | Documents indicate Squeo acted as attorney in real-estate matters. | Documents alone do not prove active practice or intent to practice. | Yes; evidence supports practicing while suspended and improper conduct. |
| Appropriate sanction for the misconduct | Indefinite suspension warranted by pattern of misconduct and cooperation failure. | No mitigating factors and lesser sanction possible. | Indefinite suspension appropriate. |
Key Cases Cited
- Disciplinary Counsel v. Mitchell, 124 Ohio St.3d 266 (2010-Ohio-135) (indefinite suspension for deceptive conduct while under license suspension)
- Disciplinary Counsel v. Freeman, 126 Ohio St.3d 389 (2010-Ohio-3824) (indefinite suspensions for continuing to practice after license suspension)
- Cleveland Metro. Bar Assn. v. Kaplan, 124 Ohio St.3d 278 (2010-Ohio-167) (neglect plus failure to cooperate can warrant indefinite suspension)
- Stark Cty. Bar Assn. v. Buttacavoli, 96 Ohio St.3d 424 (2002-Ohio-4743) (aggravating factors weighed in sanction decisions)