Disciplinary Counsel v. Turner

2014-Ohio-3158 (Ohio 2014) · Supreme Court of Ohio · July 23, 2014 · No. 2013-1252

Summary

The Supreme Court of Ohio imposed a two-year suspension on Talbert Randall Turner for depositing personal funds into and using a client trust account for personal and business expenses, and for failing to cooperate with a disciplinary investigation. The suspension was fully stayed on the condition that Turner commit no further misconduct.

Holdings

  1. Turner's deposit of personal funds into his client trust account and use of that account for personal and business expenses violated Prof.Cond.R. 1.15(b) and 8.4(h).
  2. Turner's failure to timely respond to demands for information and to assist in the disciplinary investigation violated Prof.Cond.R. 8.1(b) and Gov.Bar R. V(4)(G).
  3. A two-year suspension, fully stayed on the condition that Turner engage in no further misconduct, was the appropriate sanction.

Questions Presented

  1. Whether depositing personal funds into a client trust account and using that account for personal and business expenses violated Ohio's professional-conduct rules.
  2. Whether failing to respond to demands for information and failing to assist in the disciplinary investigation violated Ohio's professional-conduct rules.
  3. What sanction was appropriate in light of the misconduct and the aggravating and mitigating factors.

Disposition

other

Cases Cited (10)

  • In re Continuing Legal Edn. Suspension of Turner, 81 Ohio St. 3d 1476, 691 N.E.2d 294 (1998)(cited)
  • In re Continuing Legal Edn. Suspension of Turner, 88 Ohio St. 3d 1463, 726 N.E.2d 1001 (2000)(cited)
  • Butler Cty. Bar Assn. v. Turner, 89 Ohio St. 3d 119, 729 N.E.2d 347 (2000)(cited)
  • In re Attorney Registration Suspension of Turner, 107 Ohio St. 3d 1431, 2005-Ohio-6408, 838 N.E.2d 671(cited)
  • In re Turner, 110 Ohio St. 3d 1470, 2006-Ohio-4361, 852 N.E.2d 1217(cited)
  • In re Turner, 110 Ohio St. 3d 1480, 2006-Ohio-4761, 854 N.E.2d 207(cited)
  • In re Attorney Registration Suspension of Turner, 130 Ohio St. 3d 1420, 2011-Ohio-5627, 956 N.E.2d 310(cited)
  • Stark Cty. Bar Assn. v. Buttacavoli, 96 Ohio St. 3d 424, 2002-Ohio-4743, 775 N.E.2d 818, ¶ 16(cited)
  • Disciplinary Counsel v. Broeren, 115 Ohio St. 3d 473, 2007-Ohio-5251, 875 N.E.2d 935, ¶ 21(cited)
  • Disciplinary Counsel v. Simon, 128 Ohio St. 3d 359, 2011-Ohio-627, 944 N.E.2d 660(cited)

Cited In (0)

No citing cases on record yet.

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