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2012 Ohio 4326
Ohio
2012
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Background

  • Bruner, an Ohio attorney admitted in 1974, faced misconduct charges for neglect, failure to communicate, and charging excessive fees in three client matters.
  • Relator filed complaint August 15, 2011; an amended complaint followed January 20, 2012.
  • Consent-to-discipline agreement admitted to neglect (inaccurate filings; untimely appeal) and fee misconduct (excessive fees, no rate disclosure, no time records).
  • Conduct violated Prof.Cond.R. 1.3, 1.4, and 1.5(a); mitigating factors included lack of prior discipline and cooperative posture.
  • Panel/Board recommended a two-year suspension, stayed conditioned on restitution to three clients totaling $12,300, payable by July 15, 2012.
  • Ohio Supreme Court adopted the consent, suspending Bruner for two years, stayed with restitution and a 30-day compliance deadline.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Bruner violated ethics rules State Bar: violations of 1.3, 1.4, 1.5(a). Bruner: admits conduct per consent; no dispute on violations. Yes; violations established under 1.3, 1.4, 1.5(a).
Appropriateness of discipline Two-year suspension with conditions warranted by misconduct. Consent supports agreed discipline; no harsher sanction needed. Two-year, conditionally stayed suspension appropriate.
restitution as condition of stay Restitution to clients required to justify stayed suspension. Agree to restitution terms; payment schedule feasible. Restitution required: $1,000, $8,500, $2,500; payments due by deadlines.

Key Cases Cited

  • Columbus Bar Assn. v. Williams, 129 Ohio St.3d 603 (Ohio 2011) (two-year, stayed suspension precedent for failing to file appellate brief)
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Case Details

Case Name: Ohio State Bar Assn. v. Bruner
Court Name: Ohio Supreme Court
Date Published: Sep 27, 2012
Citations: 2012 Ohio 4326; 133 Ohio St. 3d 163; 976 N.E.2d 899; 2012-0307
Docket Number: 2012-0307
Court Abbreviation: Ohio
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    Ohio State Bar Assn. v. Bruner, 2012 Ohio 4326