Disciplinary Counsel v. Lawson

Summary

The Supreme Court of Ohio permanently disbarred Kenneth L. Lawson after finding that he conspired to obtain Schedule II prescription drugs by deception, advised a client to engage in illegal conduct, and committed extensive dishonest and exploitative misconduct. The court rejected the recommended indefinite suspension, citing Lawson’s prior disciplinary violations, pervasive pattern of misconduct, felony conviction, and failure to comply with prior court-ordered obligations.

Holdings

1. The second disciplinary proceeding was not barred by res judicata because the conspiracy, client fraud, and felony conviction were not charged or adjudicated in Lawson's prior disciplinary proceeding.
2. Lawson violated DR 1-102(A)(3), DR 1-102(A)(4), DR 1-102(A)(5), DR 1-102(A)(6), DR 5-101(A)(1), DR 7-102(A)(7), and DR 7-102(A)(8) through illegal conduct, dishonesty, conduct prejudicial to the administration of justice, conflicts arising from personal interests, counseling illegal conduct, and knowingly engaging in illegal conduct.
3. Permanent disbarment was warranted because Lawson's pervasive and continuing pattern of dishonesty, criminal conduct, exploitation of clients and others, prior discipline, and failure to comply with disciplinary conditions demonstrated that an indefinite suspension would not adequately protect the public, courts, or legal profession.

Questions Presented

1. Whether Lawson's current misconduct was barred by res judicata because it allegedly formed part of the misconduct underlying his prior disciplinary proceeding.
2. Whether an indefinite suspension was an adequate sanction for Lawson's felony conviction, conspiracy to obtain controlled substances by deception, fraud against a client, counseling illegal conduct, and extensive aggravating misconduct.
3. Whether the aggravating and mitigating factors and comparable disciplinary sanctions warranted permanent disbarment.

Disposition

other