Toledo Bar Ass'n v. Burkholder

Summary

The Supreme Court of Ohio disciplined an attorney who made repeated unwanted romantic and sexual advances toward a client during a dissolution-of-marriage representation. The court found violations of Ohio Disciplinary Rules 1-102(A)(6) and 5-101(A)(1) and imposed a six-month suspension, stayed in full on the condition that the attorney commit no further misconduct.

Holdings

1. Respondent's conduct violated DR 1-102(A)(6), prohibiting conduct adversely reflecting on a lawyer's fitness to practice law, and DR 5-101(A)(1), barring acceptance of employment when the lawyer's personal interests may affect professional judgment on behalf of the client.
2. A six-month suspension from the practice of law, with the entire suspension stayed on the condition that respondent commit no further misconduct during the suspension period, was the appropriate sanction.

Questions Presented

1. Whether respondent's conduct toward a client violated Ohio disciplinary rules governing conduct adversely reflecting on a lawyer's fitness to practice law and conflicts arising from the lawyer's personal interests.
2. What sanction was appropriate for respondent's unwanted sexual advances and inappropriate conduct toward a client.

Disposition

other