Summary
The Supreme Court of Ohio permanently disbarred Bernard Sanford Marshall Jr. for neglecting client matters, intentionally failing to carry out legal-services agreements, engaging in dishonest conduct, and failing to cooperate with disciplinary authorities. The court relied on his prior disciplinary suspensions, pattern of misconduct, and absence of mitigating factors in determining that permanent disbarment was appropriate.
Holdings
- Respondent violated DR 6-101(A)(3) by neglecting legal matters entrusted to him.
- Respondent violated DR 7-101(A)(2) by intentionally failing to carry out contracts of employment entered into with clients for legal services.
- Respondent violated Prof.Cond.R. 8.1(b) by knowingly failing to respond to demands for information from a disciplinary authority.
- Permanent disbarment was the appropriate sanction for respondent's misconduct.
Questions Presented
- Whether respondent violated DR 6-101(A)(3) by neglecting legal matters entrusted to him.
- Whether respondent violated DR 7-101(A)(2) by intentionally failing to carry out contracts of employment for legal services.
- Whether respondent violated Prof.Cond.R. 8.1(b) by knowingly failing to respond to demands for information from a disciplinary authority.
- Whether respondent's misconduct, prior disciplinary history, dishonesty, pattern of misconduct, and failure to cooperate warranted permanent disbarment.
Disposition
other
Cases Cited (9)
- Warren Cty. Bar Assn. v. Marshall, 105 Ohio St. 3d 59, 2004-Ohio-7011, 822 N.E.2d 355(followed as prior disciplinary history)
- Warren Cty. Bar Assn. v. Marshall, 113 Ohio St. 3d 54, 2007-Ohio-980, 862 N.E.2d 519(followed as prior disciplinary history)
- Cuyahoga Cty. Bar Assn. v. Smith, 115 Ohio St. 3d 95, 2007-Ohio-4270, 873 N.E.2d 1224(followed)
- Stark Cty. Bar Assn. v. Buttacavoli, 96 Ohio St. 3d 424, 2002-Ohio-4743, 775 N.E.2d 818, at ¶ 16(followed)
- Disciplinary Counsel v. Broeren, 115 Ohio St. 3d 473, 2007-Ohio-5251, 875 N.E.2d 935, at ¶ 21(followed)
- Disciplinary Counsel v. Agopian, 112 Ohio St. 3d 103, 2006-Ohio-6510, 858 N.E.2d 368, at ¶ 10(followed)
- Columbus Bar Assn. v. Moushey, 104 Ohio St. 3d 427, 2004-Ohio-6897, 819 N.E.2d 1112, at ¶ 16(followed)
- Cincinnati Bar Assn. v. Weaver, 102 Ohio St. 3d 264, 2004-Ohio-2683, 809 N.E.2d 1113, at ¶ 15(followed)
- Greene Cty. Bar Assn. v. Fodal, 100 Ohio St. 3d 310, 2003-Ohio-5852, 798 N.E.2d 1082, at ¶ 32(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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