Disciplinary Counsel v. Thompson

Summary

The Supreme Court of Ohio suspended Harold Lee Thompson from practicing law for two years, with the final 18 months stayed subject to monitored probation and no further misconduct. The court found that Thompson improperly used his client trust account for personal and business expenses, failed to timely withdraw earned fees, and misappropriated client funds.

Holdings

1. Thompson violated Prof.Cond.R. 1.15(a) by failing to keep client property separate from his own property and violated Prof.Cond.R. 8.4(h) by engaging in conduct adversely reflecting on his fitness to practice law.
2. Thompson violated Prof.Cond.R. 1.15(a), 1.15(a)(2), 1.15(a)(3), and 8.4(h) by failing to promptly withdraw earned fees, commingling personal and client funds, and failing to maintain required accounting records.
3. Thompson violated Prof.Cond.R. 8.4(b), 8.4(c), 8.4(d), and 8.4(h) by allowing the client trust-account balance to fall below funds owed to A.G. and thereby misappropriating at least $22,443.53.
4. A two-year suspension from the practice of law, with the final 18 months stayed subject to 18 months of monitored probation and no further misconduct, was the appropriate sanction.

Questions Presented

1. Whether Thompson violated the Ohio Rules of Professional Conduct by using a client trust account for personal and business expenses.
2. Whether Thompson violated the Ohio Rules of Professional Conduct by failing to timely withdraw earned fees and maintain required trust-account records.
3. Whether Thompson violated the Ohio Rules of Professional Conduct by misappropriating client funds.
4. What sanction was appropriate in light of Thompson's misconduct and the aggravating and mitigating factors.

Disposition

other