2012 Ohio 5456
Ohio2012Background
- Noel is an Ohio attorney admitted in 1994; prior discipline occurred in 2010 resulting in a two-year suspension with six months stayed.
- Disciplinary Counsel filed a two-count complaint on June 13, 2011 alleging improper handling of client funds, dishonesty, and failure to cooperate.
- Zubaidah matter: Noel deposited two client money orders into his business account rather than a client trust account and failed to refund funds promptly.
- Relator issued letters and subpoenas; Noel did not respond timely or adequately to inquiries about Zubaidah’s grievance.
- Riley matter: Noel failed to respond to inquiries regarding a separate grievance related to a discovery file.
- Panel and board recommended indefinite suspension, which the Court adopted, with the suspension to commence on the date of the order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Noel violated trust-account and related ethical rules. | Noel deposited funds improperly and failed to refund. | Noel disputes the extent of the violations. | Yes, Noel violated 1.15(a), 8.4(c), 8.4(h), and 8.1(b)/Gov.Bar R V(4)(G). |
| Whether Noel failed to cooperate in disciplinary investigations. | Noel repeatedly did not respond to inquiries. | Noel eventually answered and stipulated to many allegations. | Yes, Noel violated 8.1(b) and Gov.Bar R V(4)(G). |
| What sanction is warranted given the misconduct. | Indefinite suspension justified by prior discipline and aggravated factors. | Argues for lighter or alternative probationary terms. | Indefinite suspension affirmed. |
Key Cases Cited
- Disciplinary Counsel v. Davis, 130 Ohio St.3d 440 (2011-Ohio-6016) (indefinite suspension for accepting client money, not performing work, and failing to cooperate; multiple aggravating factors)
- Cleveland Metro. Bar Assn. v. Gottehrer, 124 Ohio St.3d 519 (2010-Ohio-929) (indefinite suspension for similar misconduct including failing to cooperate)
- Columbus Bar Assn. v. Clovis, 125 Ohio St.3d 434 (2010-Ohio-1859) (indefinite suspension for taking funds without performing work and failing to cooperate)
- Columbus Bar Assn. v. Van Sickle, 128 Ohio St.3d 376 (2011-Ohio-774) (indefinite suspension for practice under license suspension, incomplete work, and failure to return funds/docs)
- Cuyahoga Cty. Bar Assn. v. Wagner, 113 Ohio St.3d 158 (2007-Ohio-1253) (indefinite suspension for taking client money, not doing work, and failing to cooperate)