Cleveland Bar Ass'n v. Kirsh

Summary

The Supreme Court of Ohio indefinitely suspended S. Martin Kirsh from the practice of law after finding that he neglected matters for five clients, failed to pursue their objectives, mishandled client funds, failed to cooperate with disciplinary investigations, and failed to maintain current registration information. The court adopted the board's recommendation that disbarment was inappropriate given Kirsh's decades of prior practice without apparent disciplinary problems and his unexplained disappearance, while taxing costs to him.

Holdings

1. Respondent committed the violations found by the master commissioner, including neglect of entrusted legal matters, failure to pursue clients' lawful objectives, failure to carry out employment contracts, prejudice to clients, dishonesty-related violations in two matters, failure to deliver client funds in one matter, failure to maintain a current address, and failure to cooperate with the disciplinary investigation.
2. Permanent disbarment was inappropriate under the unusual circumstances of this case; an indefinite suspension was sufficient to protect the public while allowing respondent an opportunity to seek reinstatement and explain the circumstances of his disappearance.
3. The costs of the disciplinary proceeding were taxed to respondent.

Questions Presented

1. Whether respondent committed the charged violations of the Ohio Code of Professional Responsibility and Supreme Court disciplinary rules.
2. Whether the appropriate sanction was permanent disbarment or indefinite suspension given the seriousness of respondent's misconduct, his prior lengthy practice without known disciplinary problems, and his unexplained disappearance.
3. Whether the costs of the disciplinary proceeding should be taxed to respondent.

Disposition

other