Columbus Bar Association v. McCord

Summary

The Supreme Court of Ohio held that Lumumba Touré McCord violated professional-conduct rules by failing to maintain a client trust account, failing to inform clients that he lacked professional liability insurance, and willfully failing to file and pay federal income taxes. The court imposed a one-year suspension from the practice of law, stayed in full subject to tax compliance, timely payment of current taxes, a two-year probation term including law-office-management continuing legal education, and no further misconduct.

Holdings

1. A lawyer must deposit advance legal fees and expenses into a client trust account unless the requirements for treating a fee as earned upon receipt or nonrefundable have been satisfied. McCord violated Prof.Cond.R. 1.15(a) by depositing unearned client funds into his business account without satisfying those conditions.
2. An Ohio lawyer who does not maintain professional liability insurance must inform the client of that fact. McCord violated Prof.Cond.R. 1.4(c) by failing to inform his clients.
3. McCord's misdemeanor conviction for willfully failing to file a return, supply information, or pay income taxes violated Prof.Cond.R. 8.4(b), which prohibits an illegal act that reflects adversely on a lawyer's honesty or trustworthiness.
4. A one-year suspension from the practice of law, fully stayed on specified conditions, was appropriate for McCord's multiple violations.

Questions Presented

1. Whether McCord violated Ohio's professional-conduct rules by failing to deposit advance client funds into a client trust account.
2. Whether McCord violated the professional-conduct rules by failing to inform clients that he did not maintain professional liability insurance.
3. Whether McCord's willful failure to file federal income tax returns and pay federal income taxes violated Prof.Cond.R. 8.4(b).
4. What sanction was appropriate for the established misconduct.

Disposition

other