Stark County Bar Ass'n v. Marosan

Summary

The Ohio Supreme Court permanently disbarred Joseph E. Marosan for entering into a self-dealing real estate trust transaction with a client and profiting at the client's expense. The court also found that he failed to cooperate with the disciplinary investigation and failed to answer the formal complaint. The court adopted the board's findings and recommendation, citing his prior disciplinary history, lack of mitigation, and failure to make restitution.

Holdings

1. Marosan violated DR 5-104(A) by entering into the 3M Land Trust transaction with Martin while their interests differed and without advising Martin of the risks of the dual representation or obtaining consent after full disclosure.
2. Marosan violated Gov.Bar R. V(4)(G) and Prof.Cond.R. 8.1(b) by ignoring investigative inquiries, failing to respond to the grievance, and failing to answer the formal disciplinary complaint.
3. Permanent disbarment was warranted because Marosan engaged in self-dealing, profited at a client's expense, knowingly failed to cooperate with disciplinary authorities, had twice previously been disciplined, was already suspended, and presented no mitigating evidence.

Questions Presented

1. Whether Marosan violated the applicable professional-conduct rules by entering into a business transaction with a client while representing the client without full disclosure and consent.
2. Whether Marosan violated the disciplinary rules by failing to cooperate in the investigation and by failing to answer the complaint.
3. Whether permanent disbarment was the appropriate sanction in light of the misconduct, aggravating factors, prior discipline, and absence of mitigation.

Disposition

other