Disciplinary Counsel v. Folwell
129 Ohio St. 3d 297
| Ohio | 2011Background
- Respondent Norman L. Folwell admitted in 1991; disciplinary action began with a seven-count amended complaint filed Sept. 23, 2010.
- Parties stipulated to facts, mitigating/aggravating factors and rule violations prior to the Oct. 15, 2010 hearing.
- Panel adopted the stipulations and recommended a two-year suspension with the second year stayed and monitoring.
- Disciplinary Counsel alleged misconduct across seven counts involving minor settlement, trust-account mismanagement, misappropriation, and fee issues.
- Board accepted findings and recommended sanction; court imposed two-year suspension with second year stayed conditioned on no further misconduct and one year probation with monitoring.
- Costs taxed to respondent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Folwell commit trust-account misconduct and misappropriation? | Counsel asserts violation of 1.15 and related rules. | Folwell contends conduct was addressed by stipulated facts. | Yes; violations established and sanctioned. |
| Did Folwell engage in improper handling of client funds and refunds? | Counsel argues violations of 1.16(e) and 8.4(h). | Folwell argues corrections and refunds were made. | Yes; issues supported by stipulations. |
| Did Folwell fail to provide competent and diligent representation? | Counsel asserts 1.1, 1.3 violations across counts. | Folwell acknowledges lapses but disputes breadth. | Yes; findings supported by record. |
| Is the jointly recommended sanction appropriate given aggravating factors? | Two-year suspension with second year stayed aligns with precedent. | Respondent argues lesser sanction possible due to cooperation. | Yes; two-year suspension with second year stayed warranted. |
Key Cases Cited
- Claflin, 107 Ohio St.3d 31 (2005-Ohio-5827) (disbarment presumptive for severe misconduct but may be tempered)
- Mishler, 118 Ohio St.3d 109 (2008-Ohio-1810) (two-year suspension with conditioning and accounting/monitoring)
- Broeren, 115 Ohio St.3d 473 (2007-Ohio-5251) (guides consideration of sanctions and pattern of misconduct)
- Buttacavoli, 96 Ohio St.3d 424 (2002-Ohio-4743) (illustrates weighing aggravating/mitigating factors in sanctions)