Disciplinary Counsel v. Blair
128 Ohio St. 3d 384
| Ohio | 2011Background
- Rebecca Blair, an Ohio attorney admitted in 1986, was charged in 2010 with misconduct involving misappropriation of a ward's funds and negligent supervision of staff.
- Disciplinary Counsel and Blair entered into stipulations of fact and misconduct, which the board and party agreed to.
- Blair misappropriated more than $16,000 belonging to an incompetent ward and failed to deposit funds in an interest-bearing account as required.
- From March–September 2005, Blair issued 31 checks against the ward's trust, 26 payable to Blair, and by 2006 the trust account had a negative balance.
- She failed to file the guardianship account in 2007, sought multiple extensions, and a forged affidavit and forged signature were later involved in filings by her staff.
- The panel and board recommended a two-year suspension with 18 months stayed, along with monitored probation, OLAP compliance, ongoing counseling, and CLE in law-office management; Blair did not contest these sanctions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Blair's misappropriation and trust-account failures violate ethical rules? | Misappropriation and improper handling violated multiple Rules. | Stark misconduct due to underlying conditions, but stipulations already admitted violations. | Yes; violations established under DR 1-102 and 9-102, and Prof.Cond.R. 8.4, 1.15. |
| What sanction is appropriate for Blair’s misconduct? | Board's 2-year suspension with 18 months stayed and probation is warranted. | Agree to sanction recommended by board and panel; no objection to conditions. | Two-year suspension with 18 months stayed, subject to monitored probation, OLAP, counseling, and CLE requirements; failure to comply lifts stay. |
Key Cases Cited
- Columbus Bar Assn. v. Thompson, 69 Ohio St.2d 667 (1982) (mishandling of client funds is gravest misconduct; emphasis on trust-account breach)
- Columbus Bar Assn. v. Kostelac, 80 Ohio St.3d 432 (1997) (attorney misused client funds; established severity for commingling and operating from client trust)
- Diehl, 105 Ohio St.3d 469 (2005) (suspension for misappropriation and failure to maintain insurance; elucidates stay framework)