Disciplinary Counsel v. Freeman

119 Ohio St. 3d 330 · Supreme Court of Ohio · August 13, 2008

Summary

The Ohio Supreme Court found that Henry R. Freeman violated disciplinary rules by commingling client and personal funds, overdrawing client trust accounts, failing to maintain adequate records, and failing to cooperate with disciplinary investigations. The court imposed a one-year suspension from the practice of law, with six months stayed subject to probationary conditions, including continued treatment and cooperation with monitoring.

Holdings

  1. Freeman violated DR 1-102(A)(5), DR 1-102(A)(6), DR 9-102(A), DR 9-102(B)(3), Prof.Cond.R. 8.4(d), Prof.Cond.R. 8.4(h), Prof.Cond.R. 1.15(a), Prof.Cond.R. 1.15(a)(2), Prof.Cond.R. 1.15(a)(3), and Gov.Bar R. V(4)(G).
  2. A fully stayed suspension was inappropriate; Freeman was suspended from the practice of law for one year, with six months stayed on specified probationary conditions.

Questions Presented

  1. Whether Freeman committed the charged violations involving commingling and mishandling client funds, inadequate trust-account records, and failure to cooperate with disciplinary investigations.
  2. What sanction was appropriate for Freeman’s misconduct, including whether the entire one-year suspension should be stayed or whether an actual suspension was required to protect the public.

Disposition

other

Cases Cited (4)

  • Columbus Bar Assn. v. Thompson (1982), 69 Ohio St. 2d 667, 669, 23 O.O.3d 541, 433 N.E.2d 602(followed)
  • Erie-Huron Counties Joint Certified Grievance Commt. v. Miles (1996), 76 Ohio St. 3d 574, 577, 669 N.E.2d 831(followed)
  • Disciplinary Counsel v. Morgan, 114 Ohio St. 3d 179, 2007-Ohio-3604, 870 N.E.2d 1171(distinguished)
  • Disciplinary Counsel v. Grdina, 101 Ohio St. 3d 150, 2004-Ohio-299, 803 N.E.2d 392(distinguished)

Cited In (0)

No citing cases on record yet.

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