2010 Ohio 5708
Ohio2010Background
- 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)
