2013 Ohio 1509
Ohio2013Background
- Respondent Anthony J. DeGidio Jr. commingled client funds in his client trust account, used the account to pay personal and business expenses, and failed to cooperate with disciplinary investigation.
- Relator served complaint by certified mail; DeGidio did not answer; default was entered; master commissioner found misconduct by clear and convincing evidence.
- Bank records show deposits of personal funds into the trust account and multiple trust checks payable to Cash; overdraft occurred after a large personal/fees disbursement.
- Board found violations of Prof.Cond.R. 1.15(a), 8.1(b), 8.4(d), 8.4(h) and Gov.Bar R V(4)(G) for cooperation failure.
- Board recommended two-year suspension with the second year stayed, conditioned on CLE on trust-account management; court adopted this sanction.
- Aggravating factor: lack of cooperation; mitigating factor: absence of prior disciplinary action.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether DeGidio violated trust-account rules | DeGidio commingled funds and overdrew trust account | DeGidio disputes improper handling of funds (if raised) | Yes; violations found (Rule 1.15(a), etc.). |
| Whether failure to cooperate justified sanctions | Lack of cooperation warranted discipline | No additional sanctions requested beyond investigation | Yes; lack of cooperation established aggravating factor. |
| Appropriate sanction for misconduct | Two-year suspension with conditional stay aligns with precedent | Discipline should be lesser given mitigating factors | Two-year suspension with second year stayed, conditioned on CLE. |
| Whether stay should be conditioned on CLE in trust-account management | Condition improves future compliance | CLE not necessary | Conditioned stay on completion of six hours additional CLE in trust-account management. |
Key Cases Cited
- Stark Cty. Bar Assn. v. Buttacavoli, 96 Ohio St.3d 424 (2002-Ohio-4743) (sanctions for comparable misconduct guidance)
- Disciplinary Counsel v. Morgan, 114 Ohio St.3d 179 (2007-Ohio-3604) (two-year suspension with conditional stay for similar misconduct)
- Disciplinary Counsel v. Broeren, 115 Ohio St.3d 473 (2007-Ohio-5251) (consideration of aggravating/mitigating factors in sanction)
- Morgan, Disciplinary Counsel v., 114 Ohio St.3d 179 (2007-Ohio-3604) (precedent for sanction approach)
- Disciplinary Counsel v. Morgan, 114 Ohio St.3d 179 (2007-Ohio-3604) (overdrawn trust account and cooperation issues)