Warren Cty. Bar Assn. v. Vardiman (Slip Opinion)
51 N.E.3d 587
Ohio2016Background
- Edwin L. Vardiman Jr., admitted in Ohio 1999, faced two disciplinary complaints for signing others’ names without authority on court and estate documents.
- Warren County complaint: Vardiman signed an unrepresented mother’s name on a revised shared-parenting plan and three related child-support documents filed in juvenile court; he admitted the forgeries at a pretrial hearing.
- Cincinnati Bar complaint: Vardiman prepared a will and power of attorney for a client, signed as one witness, and forged a second witness’s signature on both documents. He admitted the conduct.
- He filed admissions of fact before the hearing and cooperated; the board found violations of multiple Ohio Rules of Professional Conduct, including knowingly making false statements to a tribunal and offering false evidence. The board added a finding under Prof.Cond.R. 8.4(h).
- Mitigating evidence: recent diagnosis of ADHD causally linked to impulsive conduct, participation in OLAP with treatment, cooperation, and character evidence. Aggravating: delayed treatment and incomplete disclosure to treating psychologist.
- Disposition: Ohio Supreme Court suspended Vardiman for one year, with the final six months stayed conditioned on compliance with OLAP and treatment, quarterly reporting to a monitor, and no further misconduct; stay to be lifted on noncompliance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Vardiman violated RPCs by signing another person’s name on court and custody documents | Relators: forging and filing documents in court and submitting false evidence violated RPCs 3.3, 4.3, 8.4(b),(c),(d),(h) | Vardiman: admitted misconduct; mitigation (ADHD, treatment, cooperation) should reduce sanction | Court: Violations proven; adopted board’s findings, including 8.4(h) violation |
| Whether Vardiman violated RPCs by forging a witness signature on a will and power of attorney | Relator: forged witness signature on testamentary documents, violating honesty rules | Vardiman: admitted the conduct and acknowledged its harm; raised mitigation | Court: Violations proven (8.4(b),(c)); adopted board’s findings |
| Appropriate sanction for the misconduct | Relators: recommended at least an actual one-year suspension (Cincinnati BA urged one-year actual) | Vardiman: sought a fully stayed one-year suspension given ADHD and treatment | Court: imposed one-year suspension with six months stayed on conditions (monitoring, OLAP, treatment) |
| Whether mental-health diagnosis mitigates sanction and supports stayed suspension | Vardiman: ADHD causally linked to misconduct; successful treatment supports conditional stay | Relators: aggravation from late treatment; whether full stay appropriate disputed | Court: ADHD qualified as mitigating factor; combined with cooperation and character supported partially stayed suspension |
Key Cases Cited
- Disciplinary Counsel v. Bogdanski, 135 Ohio St.3d 235 (forgery submitted to court meriting severe discipline)
- Cincinnati Bar Assn. v. Farrell, 119 Ohio St.3d 529 (forgery of power of attorney and additional fraud; lengthy suspension)
- Disciplinary Counsel v. Shaffer, 98 Ohio St.3d 342 (backdating and forging power of attorney; one-year suspension with six months stayed — most analogous)
- Disciplinary Counsel v. Herman, 99 Ohio St.3d 362 (altering domestic-relations orders; one-year suspension with six months stayed)
- Lake Cty. Bar Assn. v. Speros, 73 Ohio St.3d 101 (filing court affidavit with forged notarization; six-month suspension)