2017 Ohio 2821
Ohio2017Background
- Respondent J. Greg Miller, an Ohio attorney, oversaw a $2.26 million real-estate closing and managed the title company owned by his firm.
- He closed the transaction without obtaining required city approval for a tract’s legal description; recorded documents were returned as needing that approval.
- Miller disbursed most closing funds but retained firm/title fees; he then altered genuine recording slips, affixed them to unrecorded mortgage and assignment-of-rents pages, and photocopied the falsified documents.
- He provided the falsified documents to a colleague for a liquor-license transfer filing, then left on vacation; the alterations were quickly discovered, the documents were recorded shortly thereafter, and Miller’s employment was terminated.
- Miller self-reported, cooperated with disciplinary counsel, admitted violations of multiple professional-conduct rules, and the parties entered a consent-to-discipline agreement proposing a fully stayed 12-month suspension.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Miller’s actions violate the Rules of Professional Conduct? | Misconduct counsel: forging/altering recording stamps and providing falsified documents to a government agency constitute violations of competence, diligence, dishonesty, and conduct prejudicial to justice. | Miller admitted the acts and their impropriety; no substantive defense to violations. | Court: Miller violated Prof.Cond.R. 1.1, 1.3, 8.4(b), 8.4(c), and 8.4(d). |
| What is the appropriate sanction for isolated forgery/falsification by an otherwise unblemished attorney? | Disciplinary counsel agreed a 12-month suspension, fully stayed on condition of no further misconduct, is appropriate given prompt admission, minimal harm, and mitigation. | Miller agreed to consent terms citing mitigating factors (no prior record, prompt remediation, cooperation). | Court: Adopted consent agreement — 12-month suspension fully stayed on condition of no further misconduct; costs taxed to Miller. |
Key Cases Cited
- Disciplinary Counsel v. Fowerbaugh, 74 Ohio St.3d 187 (Ohio 1995) (court generally requires actual suspension for dishonesty-related misconduct)
- Disciplinary Counsel v. Shaffer, 98 Ohio St.3d 342 (Ohio 2003) (court has imposed lesser sanctions for isolated notarization/forgery incidents in otherwise unblemished careers)
- Dayton Bar Assn. v. Kinney, 89 Ohio St.3d 77 (Ohio 2000) (stayed suspension for false statements submitted to a government agency in license transfer process)
- Disciplinary Counsel v. Fumich, 116 Ohio St.3d 257 (Ohio 2007) (stayed suspension where attorney fabricated settlement to conceal inaction; mitigation considered)