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Dayton Bar Assn. v. Hunt
127 Ohio St. 3d 390
| Ohio | 2010
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Background

  • 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)
Read the full case

Case Details

Case Name: Dayton Bar Assn. v. Hunt
Court Name: Ohio Supreme Court
Date Published: Dec 21, 2010
Citation: 127 Ohio St. 3d 390
Docket Number: 2010-1459
Court Abbreviation: Ohio