Akron Bar Ass'n v. Mudrick

Summary

The Ohio Supreme Court reviewed disciplinary violations arising from an attorney’s neglect of an estate, failure to administer a tuition trust properly, and failure to cooperate with the disciplinary investigation. The court indefinitely suspended the attorney, retroactive to January 25, 2001, conditioned reinstatement on specified restitution payments with interest, and taxed costs to the respondent.

Holdings

1. The court adopted the board's findings that respondent violated DR 6-101(A)(3), DR 7-101(A)(1), DR 7-101(A)(2), DR 7-101(A)(3), DR 9-102(B)(3), DR 1-102(A)(5), DR 2-110(A)(2), Gov.Bar R. V(4)(G), and DR 1-102(A)(6).
2. Respondent was indefinitely suspended from the practice of law in Ohio, retroactive to January 25, 2001, with any possible reinstatement conditioned on restitution of $11,869.12 to the Palmer estate and $8,005 to the Wirz trust, plus interest at the judgment rate from January 25, 2001.

Questions Presented

1. Whether respondent violated the cited Code of Professional Responsibility provisions and Gov.Bar R. V(4)(G) through neglect of the Palmer estate, failure to carry out professional obligations, prejudice to clients and beneficiaries, failure to maintain and render accounts, improper withdrawal, conduct prejudicial to the administration of justice, and failure to cooperate with the disciplinary investigation.
2. What sanction was appropriate for the proven disciplinary violations.

Disposition

other