Office of Disciplinary Counsel v. Smith

Summary

The Supreme Court of Ohio indefinitely suspended Stanford Smith from practicing law for apparent conversion and neglect in administering the estate of an adjudicated incompetent. The court also found that Smith failed to cooperate with the disciplinary investigation and declined to make restitution.

Holdings

1. Smith's apparent conversion and neglect in administering the estate violated DR 1-102(A)(4), DR 1-102(A)(6), DR 6-101(A)(3), DR 7-101(A)(2), and DR 9-102(B)(3).
2. Smith violated Gov.Bar R. V(4)(G) by refusing to respond to repeated requests for information and ignoring subpoenas for two depositions.
3. Indefinite suspension from the practice of law was the appropriate sanction under the circumstances.

Questions Presented

1. Whether Smith committed professional misconduct by failing to account for estate assets, neglecting the administration of an incompetent person's estate, and failing to comply with professional obligations.
2. Whether Smith violated the disciplinary rule requiring cooperation with an investigation of misconduct.
3. Whether indefinite suspension rather than disbarment was the appropriate sanction.

Disposition

other