Summary
The Supreme Court of Ohio imposed an 18-month suspension on Tanya Johnston Kizer for neglecting client matters, failing to communicate, mishandling retainers, accepting unearned fees, and failing to provide refunds or accountings. Reinstatement was conditioned on restitution, compliance with Ohio disciplinary rules, mental-health treatment as necessary, and substance-abuse assessment and recommendations.
Topics
Practice areas
Questions Presented
- Whether Kizer committed the charged violations of the Ohio Rules of Professional Conduct and the former Code of Professional Responsibility by neglecting client matters, failing to communicate and act diligently, mishandling client funds, failing to account for or return unearned fees, and engaging in conduct adversely reflecting on her fitness to practice law.
- Whether the alleged pre-February 1, 2007 conduct established violations of the former Code of Professional Responsibility by clear and convincing evidence.
- What sanction should be imposed for Kizer's professional misconduct.
Holdings
- The Columbus Bar Association proved by clear and convincing evidence that Kizer violated Prof.Cond.R. 1.1, 1.3, 1.4(a)(3), and 8.4(h) as to each of the four counts, and violated Prof.Cond.R. 1.15(c) and (d) as to Salmons and Prof.Cond.R. 1.15(d) as to Hairston.
- The court adopted the board's finding that Kizer violated former DR 9-102(A)(2) by failing to place client funds in an IOLTA account, while dismissing the remaining alleged Code of Professional Responsibility violations that were not proven by clear and convincing evidence to have occurred before February 1, 2007.
- Kizer was suspended from the practice of law in Ohio for 18 months, effective September 17, 2008, with reinstatement conditioned on restitution, satisfaction of Gov.Bar R. V(10)(C) through (G), continued mental-health work as necessary, a substance-abuse assessment, and compliance with resulting treatment recommendations.
Key quotations
“The record demonstrates that despite the complaining clients’ repeated efforts to reach respondent during the course of her representation, they could not reach her.” (¶ 15)
“Accordingly, respondent is hereby suspended from the practice of law in Ohio for 18 months commencing on September 17, 2008.” (¶ 23)
Factual background
Kizer represented four clients in custody, visitation, parental-rights, and divorce matters but abandoned or neglected those representations, failed to communicate, missed hearings, and caused delay, expense, or prejudice. She accepted retainers that were not deposited into a trust or IOLTA account, received fees for work not performed, failed to provide an accounting, and failed to return unearned fees. The record also showed serious mental-health difficulties and possible substance abuse, and she had voluntarily changed her attorney-registration status to inactive.
Procedural history
The Columbus Bar Association filed a four-count amended disciplinary complaint against Tanya Johnston Kizer. After a hearing, a panel adopted stipulated facts, found professional-conduct violations, and recommended an 18-month suspension with conditions. The Board adopted the panel's findings and recommendation, and the Supreme Court of Ohio adopted them in full.