Dayton Bar Assn. v. Hunt
127 Ohio St. 3d 390
| Ohio | 2010Background
- Dayton Bar Association filed a three-count complaint against Kevin M. Hunt alleging two misconduct violations and a government bar rule violation in August 2009.
- Panel proceedings followed a proposed consent to discipline; Count Two was dismissed; a hearing proceeded with admitted facts.
- The Board found Hunt committed misconduct and recommended a six-month suspension and taxed costs, which the Supreme Court adopted.
- Count One: Hunt represented two medical-malpractice clients, filed suit timely, but failed to obtain an expert, respond to discovery, or respond to motions, resulting in dismissal without notice to clients.
- Count Three: Hunt, in a divorce matter, failed to communicate, filed an answer out of rule, and refused to cooperate with disciplinary investigators after grievance was filed.
- The Court considered aggravating factors (multiple offenses, lack of cooperation) and mitigating factor (no prior disciplinary record) and imposed a six-month suspension.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Hunt's neglect and poor communication violate professional rules? | Hunt violated 1.3 and 1.4. | Hunt admitted the findings; panel adopted them. | Yes; violations established. |
| Did Hunt's failure to cooperate with disciplinary investigation breach governing rules? | Violation of Gov.Bar. R. V(4)(G). | Hunt admitted the conduct. | Yes; violation established. |
| Is a six-month suspension warranted given the misconduct and aggravating/mitigating factors? | Board's recommended sanction six months. | No contrary argument presented; same recommended sanction. | Six-month suspension appropriate. |
Key Cases Cited
- Stark Cty. Bar Assn. v. Buttacavoli, 96 Ohio St.3d 424 (2002-Ohio-4743) (six-month suspension for similar misconduct)
- Disciplinary Counsel v. Broeren, 115 Ohio St.3d 473 (2007-Ohio-5251) (aggravating/mitigating factors considered in sanctioning)
- Cuyahoga Cty. Bar Assn. v. Marosan, 109 Ohio St.3d 439 (2006-Ohio-2816) (six-month suspension for neglect and non-cooperation)
