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2010 Ohio 5708
Ohio
2010
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Background

  • Greene County Bar Association filed a four-count disciplinary complaint against Craig Saunders on February 8, 2010.
  • Saunders had prior Ohio Supreme Court suspensions for registration failures and a felony conviction.
  • Relator attempted service by certified mail; service was effected on the Clerk of the Court under Gov.Bar R. V(11)(B).
  • A master commissioner reviewed the default and findings, recommending dismissal of several counts for lack of evidence but sustaining others.
  • The Board adopted the master commissioner’s report, finding professional misconduct and recommending indefinite suspension.
  • Counts 1–3 allege neglect and failure to communicate; Count 4 involved a minor issue in which the Board relied on an affidavit from counsel rather than the grievant.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Did Saunders’ neglect and failure to communicate constitute misconduct? Board’s findings prove violations of duties to keep clients informed and to respond to inquiries. Saunders contends insufficiency of clear and convincing evidence for counts 1–3. Yes; findings support misconduct under 1.4(a)(3), 1.4(a)(4), and 8.1(b).
Did Saunders’ failure to cooperate with disciplinary inquiry violate ethics rules? Disciplinary authority’s demand for information was ignored, violating 8.1(b). Saunders argues the record lacks proper basis for a breach of 8.1(b). Yes; violation of 8.1(b) established.
Is indefinite suspension the appropriate sanction? Aggravating factors warrant suspension; pattern of misconduct and lack of mitigation support indefinite suspension. Saunders would argue for lesser sanction given considerations not detailed in record. Indefinite suspension warranted.

Key Cases Cited

  • Greene Cty. Bar Assn. v. Saunders, 127 Ohio St.3d 241 (2010) (Ohio Supreme Court decision imposing indefinite suspension for multiple misconduct counts)
  • In re Saunders, 123 Ohio St.3d 1475 (2009) (prior disciplinary context and related consequences for Saunders)
  • In re Saunders, 124 Ohio St.3d 1435 (2010) (interim suspension and related disciplinary history)
  • Dayton Bar Assn. v. Sebree, 104 Ohio St.3d 448 (2004) (default evidence standard for disciplinary proceedings)
  • Stark Cty. Bar Assn. v. Buttacavoli, 96 Ohio St.3d 424 (2002) (factors guiding sanctions in attorney-misconduct cases)
  • Disciplinary Counsel v. Hoff, 124 Ohio St.3d 269 (2010) (neglect and cooperation considerations in sanctions)
  • Disciplinary Counsel v. Mathewson, 113 Ohio St.3d 365 (2007) (aggravating/mitigating factors in discipline)
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Case Details

Case Name: Greene County Bar Ass'n v. Saunders
Court Name: Ohio Supreme Court
Date Published: Nov 30, 2010
Citations: 2010 Ohio 5708; 127 Ohio St. 3d 241; 938 N.E.2d 352; 2010-1143
Docket Number: 2010-1143
Court Abbreviation: Ohio
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