Summary
The Supreme Court of Ohio permanently disbarred SaKeya MonCheree Stubbs for multiple violations of the Ohio Rules of Professional Conduct, including practicing while suspended, neglecting client matters, mishandling client funds, dishonesty, and failing to cooperate with disciplinary investigations. The court dismissed unsupported or unproven charges and concluded that the extensive aggravating factors and absence of mitigating factors warranted permanent disbarment.
Topics
Practice areas
Questions Presented
- Whether the evidence established that Stubbs violated the charged provisions of the Ohio Rules of Professional Conduct and governing disciplinary rules.
- Whether the charges unsupported by evidence or not addressed by the master commissioner and board should be dismissed.
- Whether Stubbs's pervasive misconduct, prior discipline, aggravating factors, and lack of mitigation warranted permanent disbarment rather than another indefinite suspension.
Holdings
- The court adopted the supported findings that Stubbs violated multiple Ohio Rules of Professional Conduct, including rules concerning competence, fees, protection of client interests, confidentiality, unauthorized practice while suspended, communication, honesty, and fitness to practice law, as well as the rule requiring cooperation with disciplinary investigations.
- Charges unsupported by prima facie evidence, not addressed by the master commissioner or board, or not clearly and convincingly established were dismissed.
- Permanent disbarment was the appropriate sanction for Stubbs's pervasive misconduct, including practicing while suspended, accepting fees without performing the agreed work, neglecting client matters, dishonesty, failure to inform clients of her suspension, prior disciplinary offenses, and failure to cooperate with the disciplinary process.
Key quotations
“The normal penalty for continuing to practice law while under suspension is disbarment.” (¶ 19)
“Stubbs’s neglect of entrusted client matters, her acceptance of client funds without performing the work, her attempts to practice law while her license was suspended, her failure to inform clients of her license suspension, her dishonesty, her incompetence, and her failure to cooperate in the disciplinary process demonstrate that she is no longer fit to practice law.” (¶ 20)
“Accordingly, SaKeya MonCheree Stubbs is hereby permanently disbarred from the practice of law in Ohio.” (¶ 21)
Factual background
Stubbs practiced law in Ohio while her license was suspended or otherwise subject to attorney-registration suspension. In several client matters, she accepted retainers or client property, failed to perform promised legal work, failed to return unearned fees or property, failed to inform clients of her suspension, and in one matter filed a falsely notarized affidavit. She also failed to respond to multiple disciplinary inquiries, failed to appear for a deposition, and failed to produce requested documents.
Procedural history
The Columbus Bar Association charged Stubbs with multiple violations of the Ohio Rules of Professional Conduct. After Stubbs failed to answer, a master commissioner found some misconduct and recommended an indefinite consecutive suspension; the board adopted the findings and recommended permanent disbarment. The Supreme Court of Ohio adopted the supported findings, dismissed unsupported or unproven charges, and permanently disbarred Stubbs.