Toledo Bar Assn. v. Gregory
132 Ohio St. 3d 110
| Ohio | 2012Background
- Gregory mishandled client funds in two matters involving retainers.
- Retainers from Brenda Rausch and Kimberly Stockard were not promptly deposited into a proper client trust account and records were disorganized.
- She failed to maintain client-trust records, bank statements, deposit slips, and canceled checks, and did not perform monthly reconciliations.
- She withdrew unearned fees from Stockard’s retainer in violation of trust-account rules, and records showed the trust balance was often unreconciled.
- Judicial boards found violations of Prof.Cond.R. 1.15(a), (a)(2), (a)(4), (a)(5) and 1.15(c); counts 1–5 were dismissed; counts 6–7 were proven and formed the basis for discipline.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Gregory violated client-trust-account rules on counts 6–7. | Relator contends violations proven. | Gregory disputes or minimizes the violations. | Yes; violations 1.15(a),(a)(2),(a)(4),(a)(5) and 1.15(c) established on counts 6–7. |
| What is the appropriate sanction for Gregory’s misconduct? | Relator urged a one-year stayed suspension. | Gregory argued for more lenient terms? (implicit) | Six-month stayed suspension with monitored probation and CLE requirements. |
| Status of counts 1–5 | Counts 1–5 alleged broader misconduct. | No substantive evidence for those counts. | Counts 1–5 dismissed; only counts 6–7 proven. |
Key Cases Cited
- Disciplinary Counsel v. Croushore, 108 Ohio St.3d 156 (2006-Ohio-412) (stayed suspension and probation for commingling and inadequate records)
- Disciplinary Counsel v. Fletcher, 122 Ohio St.3d 390 (2009-Ohio-3480) (limited negligence with lack of understanding; six-month stayed suspension)
- Disciplinary Counsel v. Vivyan, 125 Ohio St.3d 12 (2010-Ohio-650) (six-month stayed suspension for unearned fees; long tenure and restitution)