Disciplinary Counsel v. Smith.
152 Ohio St. 3d 131
| Ohio | 2017Background
- Samuel R. Smith II, admitted 2003, was retained to handle postconviction matters for Horace K. Vinson Jr.; initial petition denied and an appeal was sought.
- Smith received a $1,800 flat-fee check from Vinson’s mother, Terri Lamb, and deposited it into his personal account instead of a client trust account.
- Smith failed to file a timely notice of appeal by the deadline and filed a motion for leave to file a delayed appeal containing a false statement that he had been retained on the deadline date; the motion was denied.
- After months of inaction and after Vinson filed a grievance, Smith submitted draft pleadings and a billing statement to disciplinary counsel, claiming the drafts were prepared earlier; metadata showed they were created the day before his response.
- Smith admitted fabricating the documents he submitted to relator and stipulated that his actions violated multiple Professional Conduct Rules; the parties entered a consent-to-discipline agreement.
- The Board and Supreme Court adopted the agreement, imposing an 18-month suspension with the final 12 months stayed on condition of no further misconduct; costs taxed to Smith.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Smith neglected client matters and lacked diligence | Smith neglected Vinson’s appeals and postconviction work | Mitigation: attempted work and intent to file drafts | Court held Smith violated Prof.Cond.R. 1.3 (lack of diligence) |
| Whether Smith mishandled client funds | Relator: Smith deposited advance fee into personal account, violating trust rules | Smith did not dispute fee receipt but stipulated to rule violation | Court held Smith violated Prof.Cond.R. 1.15(c) (misuse of advance fees) |
| Whether Smith made false statements to a tribunal | Relator: motion for delayed appeal contained false retention date | Smith had no valid basis for the representation and admitted falsity | Court held Smith violated Prof.Cond.R. 3.3(a) (false statement to tribunal) |
| Whether Smith falsified evidence and lied in disciplinary proceedings | Relator: Smith fabricated drafts and billing entries, then submitted them | Smith admitted creating documents to respond and stipulated misconduct | Court held Smith violated Prof.Cond.R. 8.1(a) and 8.4(c) (false statements and dishonesty) |
Key Cases Cited
- Akron Bar Assn. v. Markovich, 117 Ohio St.3d 313 (2008) (one-year suspension with six months stayed for multiple misconducts including neglect and commingling)
- Toledo Bar Assn. v. Miller, 132 Ohio St.3d 63 (2012) (one-year suspension with six months stayed for lying to courts and trust-account mishandling)
- Cleveland Metro. Bar Assn. v. Kealy, 125 Ohio St.3d 238 (2010) (18-month suspension with 12 months stayed for neglect and false statements during disciplinary investigation)
- Disciplinary Counsel v. Broeren, 115 Ohio St.3d 473 (2007) (six-month suspension for neglect, fabricated letters, and failure to cooperate in investigation)