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2012 Ohio 1590
Ohio
2012
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Background

  • Disciplinary Counsel sought reinstatement for Rebecca S. Blair after a two-year suspension, with 18 months stayed subject to compliance with ALAP and additional CLE requirements.
  • The Ohio Supreme Court’s February 24, 2011 order suspended Blair for 2 years with 18 months stayed and placed her on probation for the stayed period, conditional on ALAP participation and CLE in law-office management.
  • The court found Blair substantially complied with the 2011 order and with Gov.Bar R. V(10)(A).
  • The court stayed the final 18 months of Blair’s suspension, reinstated her to practice, and placed her on 18-month probation under Gov.Bar R. V(9).
  • The court ordered the relator to designate a monitor, and required reporting on Blair’s probation compliance and potential termination, with publication and costs assigned to Blair.
  • The order recites conditions for termination of probation, including compliance with Gov.Bar R. V(9)(D) and other court orders, and reporting to the clerk prior to termination.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Blair substantially complied with the reinstatement order. Disciplinary Counsel contends substantial compliance warranted ongoing probation. Blair argues she met the requirements. Yes, Blair substantially complied.
Whether reinstatement with probation is proper given prior suspension. Disciplinary Counsel argues probation conditions are appropriate. Blair argues standards met justify reinstatement. Yes, reinstatement with 18-month probation appropriate.
Whether monitor appointment and reporting comply with Gov.Bar R. V(9). Counsel must appoint monitor and require regular reports. Blair must adhere to monitoring and reporting obligations. Monitor to be appointed; probation reports to be filed.
What are termination conditions for probation? Termination only after full compliance with all orders and rules. Blair must meet specified steps and court orders before termination. Termination conditioned on compliance with Gov.Bar R. V(9) procedures and court orders.

Key Cases Cited

  • Disciplinary Counsel v. Blair, 128 Ohio St.3d 384 (2011-Ohio-767) (reinstatement standards and prior discipline context)
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Case Details

Case Name: Disciplinary Counsel v. Blair
Court Name: Ohio Supreme Court
Date Published: Apr 5, 2012
Citations: 2012 Ohio 1590; 131 Ohio St. 3d 1229; 2010-1862
Docket Number: 2010-1862
Court Abbreviation: Ohio
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    Disciplinary Counsel v. Blair, 2012 Ohio 1590