Toledo Bar Assn. v. Stewart
135 Ohio St. 3d 316
| Ohio | 2013Background
- Respondent John C. Stewart is an Ohio-licensed attorney practicing in Michigan, admitted in 1989; he faced a second amended complaint by Toledo Bar Association alleging multiple counts of professional misconduct before and after 2007.
- Relator alleged violations including failing to perform contracted work, failing to communicate, failing to return client files and unearned fees, and failing to cooperate in disciplinary investigations across five client matters.
- Board found proven misconduct on several counts, with some counts dismissed or narrowed; recommended a two-year suspension with one year stayed on conditions.
- Panel and Board adopted findings and sanctions; this Court suspended Stewart for two years with the second year stayed and imposed conditions, including CLE and probation.
- No objections were filed; costs taxed to Stewart.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Stewart violated Prof. Cond. R. rules in Counts Two, Three, Four, and Five | Stewart’s neglect and mismanagement violated multiple rules | Stewart contests certain factual findings and lack of evidence for some violations | Counts Two–Five sustained; violations found in each applicable count |
| Whether the sanction is appropriate given the misconduct | Two-year suspension, with one year stayed, aligns with aggravating factors | Mitigating factors lessen severity | Two-year suspension with second year stayed on conditions; probation and CLE required |
| Whether Count One should be dismissed and counts narrowed | Count One substantiated negligent handling in divorce matter | Delays caused by clients and circumstances; lack of proof of communications | Count One dismissed; other counts proceed |
| Whether other counts should be curtailed due to lack of evidence (Counts Three–Five specific issues) | Evidence supports specific rule violations | Certain violations not proven due to missing testimony or inconsistent facts | Counts Three–Five partially sustained per board findings; some alleged violations dismissed pursuant to record |
Key Cases Cited
- Stark Cty. Bar Assn. v. Buttacavoli, 96 Ohio St.3d 424 (2002-Ohio-4743) (aggravating factors and comparable sanctions guidance in disciplinary matters)
- Disciplinary Counsel v. Broeren, 115 Ohio St.3d 473 (2007-Ohio-5251) (mitigating vs. aggravating factors in sanction decisions)
- Toledo Bar Assn. v. Gregory, 132 Ohio St.3d 110 (2012-Ohio-2365) (indefinite stayed suspension; office-management CLE considerations)
- Toledo Bar Assn. v. Woodley, 132 Ohio St.3d 120 (2012-Ohio-2458) (indefinite suspension for neglect, incompetence, and noncooperation)