2012 Ohio 223
Ohio2012Background
- Respondent David John Scacchetti, admitted to practice in 1982, previously suspended in 2007 and reinstated in 2008; he was suspended again in 2011 for failure to comply with registration requirements for the 2011-2013 biennium.
- Disciplinary Counsel filed April 11, 2011, alleging commingling of personal and client funds, use of the client trust account for non-trust purposes, neglect of a client matter, and failure to respond to disciplinary investigations.
- The Board found five overdrafts in the client trust account between 2009 and 2010, and that Scacchetti failed to provide information or respond to inquiries after being subpoenaed.
- The board also found that Scacchetti represented a client in a felony-theft case, received $100 for restitution, promised to pay it and provide a receipt, but failed to do so, and again failed to respond to inquiries.
- The Board recommended indefinite suspension, and the Court ultimately suspended Scacchetti indefinitely, conditioning any reinstatement on OLAP participation, treatment, community-control compliance, and law-practice-management CLE.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Scacchetti violated trust-account and disciplinary rules | Disciplinary Counsel | Scacchetti | Yes; violations found under 1.15, 8.1, 8.4, Gov.Bar R. V(4)(G) and related rules. |
| Whether failure to remit restitution justifies discipline | Disciplinary Counsel | Scacchetti | Yes; failure to deliver restitution supported misconduct under 1.15 and related rules. |
| Appropriate sanction for misconduct and failure to cooperate | Disciplinary Counsel | Scacchetti | Indefinite suspension with future reinstatement conditioned on OLAP contract, treatment, community-control compliance, and law-practice-management CLE. |
Key Cases Cited
- Barzingus v. Wilheim, 306 F.3d 17 (10th Cir. 2010) (arbitration standards analogous to summary judgment standards)
- Cincinnati Bar Assn. v. Newman, 124 Ohio St.3d 505 (2010-Ohio-928) (requires certified evidence for default findings in some disciplinary contexts)
- Dayton Bar Assn. v. Wilson, 127 Ohio St.3d 10 (2010-Ohio-4937) (indefinite suspension for neglect, poor record-keeping, and noncooperation)