Columbus Bar Ass'n v. Boggs

103 Ohio St. 3d 108 (Ohio 2004) · Supreme Court of Ohio · September 15, 2004

Summary

The Supreme Court of Ohio disciplined Kenneth Ray Boggs for violating professional-conduct rules governing the segregation and accounting of client funds. The court imposed a one-year suspension from practice, stayed on conditions including one year of probation under a monitor's supervision and completion of continuing legal education in law-office management.

Holdings

  1. Respondent violated DR 9-102(A) by commingling trust money with his own funds and mistakenly using his operating account as his trust account.
  2. Respondent violated DR 9-102(B)(3) by failing to keep complete records of client funds and render appropriate accounts.
  3. A one-year suspension from the practice of law, with enforcement stayed on conditions including one year of monitored probation and twelve hours of continuing legal education in law-office management, was a commensurate sanction.

Questions Presented

  1. Whether respondent violated DR 9-102(A) by failing to maintain client funds separately from his own funds in an identifiable bank account.
  2. Whether respondent violated DR 9-102(B)(3) by failing to maintain complete records of client funds and render appropriate accounts.
  3. Whether a one-year suspension, stayed during one year of probation and subject to continuing-legal-education and monitoring conditions, was an appropriate sanction.

Disposition

other

Cases Cited (1)

  • Columbus Bar Assn. v. Boggs, 39 Ohio St. 3d 601, 529 N.E.2d 936 (Ohio 1988)(followed)

Cited In (0)

No citing cases on record yet.

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