Geauga County Bar Ass'n v. Corrigan
130 Ohio St. 3d 84
| Ohio | 2011Background
- Respondent James G. Corrigan, admitted 1981, subject to a Geauga County Bar Association grievance.
- Relator alleged Corrigan failed to cooperate in disciplinary investigation after a former client grievance.
- Board found Corrigan violated Prof.Cond.R. 8.1(b) for knowingly failing to respond.
- Evidence showed multiple failed contact attempts: letters returned, voicemail issues, and unresponsiveness.
- Corrigan apologized but did not participate in the committee process; he claimed travel and mail issues but was found uncooperative.
- Court imposed six-month suspension, stayed in full on condition of no further misconduct; costs taxed to Corrigan.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Corrigan violated Prof.Cond.R. 8.1(b). | Corrigan knowingly failed to respond during investigation. | Corrigan claimed travel and mail issues prevented timely response. | Yes, violation found. |
| Appropriate sanction for the misconduct. | Six-month suspension appropriate. | Mitigating factors may favor lighter sanction. | Six-month stayed suspension appropriate. |
| Whether the sanction should be immediate or deferred based on cooperation. | Maintain discipline and deterrence. | Potential leniency due to lack of prior discipline and mitigation. | Stay of six months conditioned on no further misconduct. |
| Consideration of aggravating vs. mitigating factors. | Cooperation lacking; no dishonest motive mitigating. | Mitigating factors present; lack of prior discipline. | Aggravating factors outweighed by mitigation; still six-month stay. |
Key Cases Cited
- Cleveland Metro. Bar Assn. v. Jaffe, 121 Ohio St.3d 260 (2009-Ohio-763) (analogous six-month stayed suspension for comparable conduct)
- Mahoning Cty. Bar Assn. v. Jones, 127 Ohio St.3d 424 (2010-Ohio-6024) (six-month stayed suspension for comparable conduct)
- Stark Cty. Bar Assn. v. Buttacavoli, 96 Ohio St.3d 424 (2002-Ohio-4743) (uses aggravating/mitigating factors framework)
