Disciplinary Counsel v. Simon-Seymour
131 Ohio St. 3d 161
| Ohio | 2012Background
- Respondent Christine M. Simon-Seymour, admitted in 1990, faced disciplinary charges stemming from mishandling of a decedent’s estate.
- Disciplinary Counsel charged misconduct in January 2011 regarding pre- and post-February 1, 2007 acts under both former Disciplinary Rules and then-current Rules of Professional Conduct.
- Board considered a consent-to-discipline agreement between the parties.
- Agreement: two-year suspension with six months stayed conditioned on five hours of CLE on trust-account management and no further misconduct.
- Misconduct included misappropriation of estate funds, failure to maintain records, false probate court filings, and delayed transfer of a truck title; restitution made to the administrator, though late.
- Court adopted the consent-to-discipline sanction after considering mitigating factors and lack of prior discipline, and noted lack of aggravating factors but recognized a pattern of improper accounting.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sanction fits the misconduct | Disciplinary Counsel | Simon-Seymour | Two-year suspension with six months stayed |
| Whether failure to maintain trust-account records supports discipline | Disciplinary Counsel | Simon-Seymour | Supports suspension and stay conditions |
| Whether restitution and cooperation mitigate penalty | Disciplinary Counsel | Simon-Seymour | Mitigation recognized; no aggravation found; sanction within range |
Key Cases Cited
- Disciplinary Counsel v. Blair, 128 Ohio St.3d 384 (2011) (two-year suspension with stayed portion for misconduct and required monitoring)
- Disciplinary Counsel v. Gresley, 127 Ohio St.3d 430 (2010) (two-year suspension; restitution and accountings to clients required)
- Disciplinary Counsel v. Freeman, 119 Ohio St.3d 330 (2008) (recognizes continuing violation as single misconduct; framework for consent-to-discipline)