Disciplinary Counsel v. Whitfield
132 Ohio St. 3d 284
| Ohio | 2012Background
- Whitfield admitted to Ohio bar in 2006 and faced disciplinary action after a felony conviction (aggravated assault) in 2010.
- interim felony suspension began May 24, 2010, due to the conviction.
- He also faced a separate suspension for failing to register for the 2011–2013 biennium.
- Whitfield engaged in unauthorized practice of law in Kentucky by signing an entry of appearance and related filings despite not being licensed there.
- He represented a Kentucky client in a paternity action and signed documents filed in that court.
- The Supreme Court ultimately imposed a two-year suspension with conditional credit for time served, plus extended OLAP obligations and mental-health treatment requirements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Whitfield’s conduct violated professional rules | Disciplinary Counsel argues misconduct violated Rule 8.4(h) and Rule 5.5(a) | Whitfield concedes misconduct but argues sanctions should be narrower | Yes, violations established under 8.4(h) and 5.5(a) for counts and conduct |
| Appropriate sanction considering aggravating/mitigating factors | Board’s and counsel’s recommendation of two-year suspension with credit aligned with mitigating factors | Whitfield argues for a fully stayed suspension or lesser discipline | Two-year suspension with credit for time served, plus specific conditions (OLAP extension and treatment) |
Key Cases Cited
- Disciplinary Counsel v. Broeren, 115 Ohio St.3d 473 (2007-Ohio-5251) (aggravation/mitigation factors in sanction determination)
- Disciplinary Counsel v. Goodall, 103 Ohio St.3d 501 (2004-Ohio-5583) (illustrative of credit for time served under prior suspension)
- In re Whitfield, 125 Ohio St.3d 1428 (2010-Ohio-2261) (interim felony suspension context and related proceedings)
- In re Attorney Registration Suspension of Whitfield, 130 Ohio St.3d 1420 (2011-Ohio-5627) (addressing registration suspension and related disciplinary posture)
