Trumbull County Bar Ass'n v. Large
980 N.E.2d 1021
Ohio2012Background
- Respondent John Harold Large, admitted to practice in 1997; prior discipline in 2009.
- Relator Trumbull County Bar Association filed a four-count misconduct complaint against Large on April 11, 2011.
- Hearing before a BCGD panel on Jan. 25, 2012 led to findings of multiple rule violations and aggravating factors.
- Ward matter: Large deposited a $2,000 retainer into his operating account (not a trust account), filed a divorce after Ward fired him, and delayed refund of fees/files.
- Natali matter: Large failed to file the bankruptcy promptly after payment, failed to inform Natali of his suspension, and did not timely refund the retainer.
- Burk matter: Large failed to inform Burk of his suspension, failed to place fees in trust, and did not refund unearned fees; relief granted to Burk was delayed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Large violated 1.3 and 1.15 in Ward matter. | Ward contends neglect and improper fund handling. | Large maintains his actions were not violations. | Yes; violations established. |
| Whether Large violated 1.3 and 1.15 in Natali matter. | Natali was neglected and prepaid fees were mishandled. | No deliberate violation shown beyond suspension. | Yes; violations established (8.4 not found). |
| Whether Large violated 1.3, 1.4, and 1.15(c) in Burk matter. | Burk suffered harm from suspension-related neglect and fee handling. | Oversight and timing issues not intentional misconduct. | Yes for 1.3, 1.4(a)(3), and 1.15(c); 8.4(d)/(h) not proven. |
| Whether Large violated the suspension/reinstatement order (including 3.3(a)). | Respondent made false statements about pending formal discipline. | Differences between investigation vs. formal charge negate misrepresentation. | Yes; 3.3(a) violation established; 8.4 not upheld on this count. |
| What is the appropriate sanction for Large's misconduct? | Two-year suspension with no stay or with limited stay justified given pattern of misconduct. | A shorter or fully stayed sanction may be appropriate. | Two-year suspension with six months stayed, plus Client Security Fund reimbursement requirement. |
Key Cases Cited
- Disciplinary Counsel v. Large, 122 Ohio St.3d 35 (2009-Ohio-2022) (prior discipline informing the current proceedings)
- Trumbull Cty. Bar Ass’n v. Large, 134 Ohio St.3d 172 (2012-Ohio-5482) (current disciplinary decision under review)
