Disciplinary Counsel v. Denslow
149 Ohio St. 3d 714
| Ohio | 2017Background
- Jeremiah Justin Denslow, admitted 2002, was charged with professional misconduct for neglecting a single client appellate matter after receiving $5,000 and failing to file a notice of appeal.
- His inaction deprived the client of appellate rights; his former firm later refunded the $5,000.
- Denslow admitted violating Prof.Cond.R. 1.3 (lack of reasonable diligence) and executed a consent-to-discipline agreement under Gov.Bar R. V(16).
- Mitigation: no dishonest motive, cooperation in proceedings, enrollment in a four-year OLAP contract for substance-use disorders, successful treatment and ongoing AA participation recommended by his counselor.
- Aggravation: the misconduct harmed the client; the court found an additional aggravating factor—prior short attorney-registration suspension for failure to timely register—though the parties had stipulated otherwise.
- The board recommended, and the Court adopted, a six-month suspension stayed in its entirety on conditions (continued OLAP compliance, follow counselor’s AA recommendation, and no further misconduct); costs taxed to Denslow.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Denslow violate Prof.Cond.R. 1.3 by failing to file the notice of appeal? | Relator: Denslow neglected the matter and lacked reasonable diligence; admitted violation. | Denslow: acknowledged the error and its seriousness; mitigation based on substance-abuse treatment. | Yes. Denslow violated Prof.Cond.R. 1.3. |
| What sanction is appropriate for the misconduct? | Relator: Six-month suspension stayed on conditions (OLAP compliance, treatment, no further misconduct). | Denslow: Agreed to joint recommended sanction and conditions given remediation and treatment. | Court imposed a six-month suspension, stayed in full on the agreed conditions. |
| Does Denslow have prior discipline affecting mitigation? | Relator: Prior short registration suspension is an aggravating factor. | Parties had stipulated he had no prior discipline. | Court held the prior registration suspension counts as prior discipline (aggravating), but still accepted the agreed stayed six-month sanction. |
Key Cases Cited
- Disciplinary Counsel v. Hooks, 139 Ohio St.3d 462, 2014-Ohio-2596, 12 N.E.3d 1212 (suspension stayed on OLAP-related conditions appropriate for attorney who neglected client custody matter)
- Disciplinary Counsel v. Shuler, 129 Ohio St.3d 509, 2011-Ohio-4198, 954 N.E.2d 593 (six-month suspension stayed on OLAP conditions for neglect of client matters)
- Disciplinary Counsel v. Anthony, 138 Ohio St.3d 129, 2013-Ohio-5502, 4 N.E.3d 1006 (attorney-registration suspension constitutes prior discipline as aggravating factor)