2012 Ohio 5136
Ohio2012Background
- Braun, admitted to Ohio bar in 1983, had prior discipline including a 1-year suspension with six months stayed in 2000 and reinstatement in 2006.
- Relator Trumbull County Bar Association filed a 2011 complaint alleging professional misconduct: neglect, failure to consult, poor communication, improper funds handling, and failure to cooperate in disciplinary investigation.
- Braun did not answer the complaint, prompting entry of default.
- Master commissioner found some misconduct and recommended indefinite suspension; Board adopted the findings and sanction.
- Board dismissed some 1.15 charges for insufficient evidence, but held that 1.15(a)(1) was not proven; court agrees and dismisses that charge; overall sanction is indefinite suspension.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Braun violate ethical duties by neglect and poor client communication? | Relator asserts neglect and failure to communicate violated 1.3, 1.4, and related rules. | Braun's position not explicitly stated in the opinion excerpt. | Yes, violations found and admitted by court. |
| Did Braun improperly handle client funds and related records? | Relator alleges violations of 1.15(a), (a)(1), (a)(2), (c), (d). | Specifics not detailed in excerpt; charges contested. | Board dismissed some subcharges; 1.15(a)(1) charge dismissed for lack of clear and convincing evidence. |
| Is indefinite suspension the appropriate sanction? | Relator seeks indefinite suspension given neglect and noncooperation. | Not explicitly discussed; no mitigating factors found. | Indefinite suspension warranted given aggravating factors. |
| Were there mitigating factors or justifications affecting sanction? | Board found no mitigating factors. | No mitigating factors identified. | Aggravating factors supported indefinite suspension. |
Key Cases Cited
- Disciplinary Counsel v. Braun, 90 Ohio St.3d 138 (2000) (prior suspension and related misconduct cited for context)
- Disciplinary Counsel v. Braun, 95 Ohio St.3d 1492 (2002) (disciplinary proceedings; evidence standards for charges under 1.15)
- Disciplinary Counsel v. Mathewson, 113 Ohio St.3d 365 (2007) (indefinite suspension warranted for neglect and noncooperation)
- Disciplinary Counsel v. Hoff, 124 Ohio St.3d 269 (2010) (another indefinite suspension case guiding sanction)