Mahoning County Bar Ass'n v. Jones
127 Ohio St. 3d 424
| Ohio | 2010Background
- Jones was admitted to the Ohio bar in 1994 and moved to inactive status in 2007 after moving out of state.
- In 2009, the court previously sanctioned Jones for misconduct arising from representation before he went inactive, suspending him for six months with six months stayed on probation, to be served on his return to active practice.
- Relator Mahoning County Bar Association filed a new, unrelated complaint in October 2009 alleging neglect in a securities matter (Count One) and failure to cooperate in the disciplinary investigation (Count Two).
- The disciplinary panel found no violation for Count One (neglect) but did find a violation for Count Two (failure to cooperate).
- The board adopted the panel’s findings and recommended a six-month suspension, all stay contingent on no further misconduct, to be served consecutively to the prior sanction.
- The Court adopted the board’s findings and imposed a six-month suspension with all six months stayed, to be served consecutively to the prior disciplinary sanction; costs taxed to Jones.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Jones negligently neglected the securities matter | Mahoning argued neglect violated DR 6-101(A)(3). | Jones contended he did not neglect the matter and acted on her behalf. | Count One dismissed; no violation found. |
| Whether Jones violated Gov.Bar R. V(4)(G) by failing to cooperate | Mahoning showed substantial lack of cooperation in providing information, discovery responses, and client file. | Jones offered excuses blaming relator for delays; no direct denial of delays. | Count Two established; violation found. |
| Whether a six-month suspension, with stay, is a proper sanction | Board recommended six months with stay, consecutive to prior sanction. | No distinct argument beyond contesting Counts One and Two; accepted the board's framing. | Six-month suspension with six months stayed, served consecutively to prior sanction. |
Key Cases Cited
- Mahoning Cty. Bar Assn. v. Jones, 123 Ohio St.3d 285 (2009-Ohio-5029) (prior disciplinary suspension with stay and probation)
- Mahoning Cty. Bar Assn. v. Jones, 127 Ohio St.3d 424 (2010-Ohio-6024) (current disciplinary sanction; six-month suspension with stay; consecutive to prior sanction)