Ohio State Bar Assn. v. Trivers

Summary

The Ohio Supreme Court held that Oscar Trivers committed multiple violations of the Ohio Code of Professional Responsibility and Rules of Professional Conduct arising from deficient bankruptcy filings, neglect of client matters, and failure to comply with bankruptcy court orders. The court imposed a two-year suspension from the practice of law, with one year stayed subject to continuing legal education, monitored probation, and no further misconduct.

Holdings

1. The stipulated facts and clear and convincing evidence established that Trivers violated DR 1-102(A)(5), DR 1-102(A)(6), DR 6-101(A)(3), DR 7-101(A)(2), DR 7-106(A), Prof.Cond.R. 1.1, 1.3, 3.1, 8.4(a), 8.4(d), and 8.4(h) through neglect of bankruptcy matters, lack of competence and diligence, unsupported filings, failure to carry out client-service obligations, and disregard of tribunal rules and orders.
2. A two-year suspension from the practice of law, with one year stayed on conditions, was the appropriate sanction. The conditions required six hours of continuing legal education in law-office management, one year of monitored probation under Gov.Bar R. V(9)(B), and no further misconduct.

Questions Presented

1. Whether the stipulated facts established violations of the Ohio Code of Professional Responsibility and Ohio Rules of Professional Conduct.
2. What sanction was appropriate for Trivers's multiple violations, repeated bankruptcy-practice deficiencies, prior discipline, and failure to comply with bankruptcy-court orders.

Disposition

other