Disciplinary Counsel v. Turner
15 N.E.3d 851
Ohio2014Background
- Talbert R. Turner, admitted 1983, faced multiple prior disciplinary actions and registration suspensions before the present matter.
- From Jan. 2007–Oct. 2011 Turner deposited over $250,000 of his own funds into his PNC client trust account and used the account to pay personal and business expenses; relator did not allege the account ever held client funds during that period.
- Bank notice of a negative trust-account balance prompted relator's inquiry in 2011; Turner’s initial responses were delayed or incomplete and he failed to timely produce requested tax returns and other records.
- Relator subpoenaed bank records and Turner for deposition; Turner ultimately produced the requested tax returns a year after they were first requested; those returns revealed no additional misconduct.
- Parties stipulated misconduct (trust-account misuse; failure to cooperate) and agreed a two-year suspension fully stayed on condition of no further misconduct was appropriate; the Board adopted that recommendation and the Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Improper deposit/use of personal funds in client trust account | Turner deposited and used a client trust account for personal/business funds, violating trust-account rules | Turner acknowledged improper use and ceased it; account allegedly never contained client funds | Violated Prof.Cond.R. 1.15(b) and 8.4(h); misconduct found |
| Failure to cooperate with disciplinary investigation | Turner failed to timely respond to inquiries and delayed producing tax returns and records | Turner eventually produced records and cooperated after formal complaint | Violated Prof.Cond.R. 8.1(b) and Gov.Bar R. V(4)(G); misconduct found |
| Appropriate sanction for combined misconduct | Relator recommended a two-year suspension, fully stayed, given prior discipline and delay in cooperation | Turner (stipulation) agreed to the sanction as appropriate | Court adopted two-year suspension, fully stayed on condition of no further misconduct |
| Weight of prior discipline in sanctioning | Prior discipline increases need for greater sanction than in similar cases | Turner noted mitigating factors (no dishonest motive, later cooperation, character letters) | Prior record warranted a stiffer sanction than the one-year stayed suspension in Simon; two-year stayed suspension imposed |
Key Cases Cited
- Disciplinary Counsel v. Simon, 128 Ohio St.3d 359 (2011) (one-year fully stayed suspension for using trust account for personal/business use and delayed production of tax returns)
- Stark Cty. Bar Assn. v. Buttacavoli, 96 Ohio St.3d 424 (2002) (factors to consider when imposing sanctions for attorney misconduct)
- Disciplinary Counsel v. Broeren, 115 Ohio St.3d 473 (2007) (use of BCGD Proc.Reg. 10(B) aggravating/mitigating factors in sanction decisions)
- Butler Cty. Bar Assn. v. Turner, 89 Ohio St.3d 119 (1999) (prior six-month conditionally stayed suspension for neglect and trust-account violations)