2016 Ohio 4605
Ohio2016Background
- Meredith Lynn Lawrence, admitted in Ohio 1977, was convicted in federal court (three counts) for filing false tax returns for tax years 2004–2006; sentenced to 27 months imprisonment and one year supervised release; paid restitution and special assessment in full.
- His Ohio license was placed on interim felony suspension effective November 29, 2012, after notification of the conviction.
- Relator charged Lawrence with violating DR 1-102(A)(3) (illegal conduct involving moral turpitude) and DR 1-102(A)(4) (dishonesty, fraud, deceit, or misrepresentation) based on the felony tax convictions.
- Lawrence and disciplinary counsel entered a consent-to-discipline agreement: stipulating facts, admitting violations, and proposing a two-year suspension with no stay and credit for time served under the interim suspension.
- The Board panel and the Board of Professional Conduct found the agreement compliant with Gov.Bar R. V(16) and recommended adoption; the Supreme Court adopted the agreement, suspending Lawrence for two years with credit for time served under the interim suspension.
- Two justices dissented as to the credit-for-time-served issue and would have remanded to the Board to reconsider that credit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Lawrence's felony convictions constitute violations of DR 1-102(A)(3) and (4) | Conviction for filing false tax returns is illegal conduct involving moral turpitude and involves dishonesty | Admitted stipulation to the facts but sought mitigation and credit for interim suspension time | Court: Conviction supports violations of DR 1-102(A)(3) and (4) — admitted by consent |
| Appropriate discipline for the misconduct | Two-year suspension (no portion stayed) is appropriate given misconduct and mitigating factors | Agreed to two-year suspension in consent agreement | Court: Adopted the two-year suspension |
| Whether credit should be given for time served under interim felony suspension beginning Nov 29, 2012 | Mitigating factors justify credit for time served under interim suspension | Consent agreement requested such credit; Board approved | Court: Granted credit for time served under interim suspension; two justices dissented on this point |
| Whether the consent-to-discipline agreement conformed to Gov.Bar R. V(16) | Agreement conforms and is appropriate to adopt | Agreement submitted under Gov.Bar R. V(16) | Court: Found agreement conformed and adopted it |
Key Cases Cited
- In re Lawrence, 133 Ohio St.3d 1496 (Ohio 2012) (interim felony suspension following notification of federal conviction)
- Disciplinary Counsel v. Jacobs, 140 Ohio St.3d 2 (Ohio 2014) (two-year suspension with credit for interim suspension for attorney convicted of tax offense)