Dayton Bar Assn. v. Hunt
987 N.E.2d 662
Ohio2013Background
- Respondent Kevin Hunt, admitted in 2001, was suspended in 2010 for six months for neglect, poor communication, and failing to respond to a disciplinary inquiry.
- Relator Dayton Bar Association charged Hunt in Oct. 2011 with multiple Disciplinary Rules violations arising from a personal-injury representation.
- Board of Commissioners on Grievances and Discipline adopted findings of a pattern of neglect and incompetence affecting several clients.
- Hunt took on a case he was not competent to handle, failed to prepare, failed to pursue clients’ objectives, and misled clients about case status.
- A 2005-dismissed Pond case and related failed summary-judgment responses showed repeated neglect and misrepresentation, resulting in malpractice concerns and eventual discipline.
- The Board recommended an indefinite suspension; the Supreme Court agreed, citing lack of mitigating factors and multiple aggravating factors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Hunt commit professional misconduct and lie to clients? | Hunt engaged in dishonesty and neglect, constituting misconduct. | Record supports misconduct; misconduct occurred over years. | Yes; sustained misconduct. |
| Should Hunt be indefinitely suspended given the misconduct? | Pattern of serious misconduct warrants severe discipline. | Discipline should be proportionate, with some mitigation. | Indefinite suspension warranted. |
| Were aggravating factors outweighing any mitigation? | Multiple aggravating factors show harm and lack of remorse. | Mitigating factors minimal or absent. | Aggravating factors predominate. |
| Was there prior discipline and pattern relevant to the sanction? | Prior discipline demonstrates pattern of misconduct. | Prior sanction is relevant but not dispositive. | Yes, supports harsher sanction. |
Key Cases Cited
- Hickman v. Toledo Bar Assn., 107 Ohio St.3d 296 (2005-Ohio-6513) (suspension for neglect and misrepresentation with mitigating factors)
- Larson v. Cincinnati Bar Assn., 124 Ohio St.3d 249 (2009-Ohio-6766) (two-year suspension with one year stayed for repeated mislead and neglect)
- Glaeser v. Cuyahoga Cty. Bar Assn., 120 Ohio St.3d 350 (2008-Ohio-6199) (two-year suspension with one year stayed for misrepresentation amid health problems)
- Manning v. Disciplinary Coun. of Ohio, 111 Ohio St.3d 349 (2006-Ohio-5794) (two-year suspension; cooperation and good character considered)
- Broeren v. Disciplinary Counsel, 115 Ohio St.3d 473 (2007-Ohio-5251) (aggravating/mitigating-factor framework in sanctions)
- Buttacavoli v. Stark Cty. Bar Assn., 96 Ohio St.3d 424 (2002-Ohio-4743) (guidance on sanctions considerations for misconduct)