Disciplinary Counsel v. Gildee

Summary

The Supreme Court of Ohio reviewed disciplinary charges against attorney Eva Catherine Gildee for misappropriating client funds, failing to deliver funds, and making false statements and fabricating documents during the disciplinary investigation. The court accepted the findings of misconduct and imposed a two-year suspension from practice, with one year stayed on conditions including no further violations and full restitution of $11,290.98.

Holdings

1. Gildee violated Prof.Cond.R. 1.15(a), 1.15(d), 8.1, 8.4(c), and 8.4(h) by failing to maintain client funds in a separate trust account, failing to promptly deliver funds owed to the client, and making false, dishonest, fraudulent, or misleading statements in connection with the disciplinary matter.
2. Gildee violated Prof.Cond.R. 8.1, 8.4(c), and 8.4(h) by falsely representing to disciplinary counsel that she had transmitted letters and checks to the client when she had not done so.
3. A two-year suspension from the practice of law, with one year stayed on the conditions that Gildee commit no further disciplinary violation and make full restitution of $11,290.98 before reinstatement, was appropriate.

Questions Presented

1. Whether Gildee violated the Ohio Rules of Professional Conduct by failing to maintain client funds separately, failing to deliver funds to which the client was entitled, and making false or deceptive statements in connection with the disciplinary matter.
2. Whether the appropriate sanction was a two-year suspension from the practice of law with one year stayed on conditions, including no further misconduct and full restitution.

Disposition

other