Cuyahoga County Bar Ass'n v. Aldrich

Summary

The Ohio Supreme Court reviewed disciplinary charges against Thomas P. Aldrich arising from his neglect of a divorce client’s matter, failure to return unearned fees, and related dishonest conduct. Given the misconduct, prior indefinite suspension, and failure to participate in the disciplinary proceedings, the court ordered that Aldrich be permanently disbarred and taxed costs to him.

Holdings

1. Respondent violated DR 2-110(A)(3), DR 1-102(A)(4), DR 1-102(A)(6), DR 6-101(A)(3), DR 7-101(A)(2), and DR 7-101(A)(3).
2. Permanent disbarment was the appropriate sanction for respondent's misappropriation of client funds coupled with neglect, particularly in light of his prior indefinite suspension and refusal to participate in the disciplinary proceedings.

Questions Presented

1. Whether respondent violated the specified provisions of the Ohio Code of Professional Responsibility by neglecting the client's divorce matter, failing to return unearned fees, misappropriating client funds, and causing client prejudice.
2. What sanction was appropriate for respondent's misconduct in light of his prior indefinite suspension, failure to cooperate in the disciplinary proceeding, and absence of mitigating factors.

Disposition

other