2012 Ohio 4326
Ohio2012Background
- 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)
