Mahoning County Bar Association v. DiMartino

2016-Ohio-536 (Ohio 2016) · Supreme Court of Ohio · February 17, 2016 · No. 2014-2250

Summary

The Supreme Court of Ohio indefinitely suspended Dennis Armand DiMartino from practicing law for misconduct in two client matters. The court found violations involving client neglect, inadequate communication, trust-account and settlement-fund handling, dishonesty, and failure to cooperate with disciplinary investigations, and ordered restitution and conditions for any future reinstatement.

Holdings

  1. DiMartino violated Prof.Cond.R. 1.3, 1.4(a)(1), (3), and (4), 1.5(b), 1.5(c), 1.15(a), 8.4(c), and former Gov.Bar R. V(4)(G), and the court accepted the Board's findings of misconduct.
  2. An indefinite suspension was warranted, together with restitution of $4,600 and conditions on any future reinstatement.

Questions Presented

  1. Whether DiMartino violated the Rules of Professional Conduct and former Gov.Bar R. V(4)(G) through neglect, inadequate client communication, failure to document a contingent-fee arrangement and settlement, mishandling client funds, dishonesty, and failure to cooperate with the disciplinary investigation.
  2. What sanction is appropriate given DiMartino's misconduct, prior discipline, aggravating factors, and absence of mitigating factors.

Disposition

other

Cases Cited (6)

  • Mahoning Cty. Bar Assn. v. DiMartino, 71 Ohio St.3d 95, 642 N.E.2d 342 (1994)(followed)
  • Mahoning Cty. Bar Assn. v. DiMartino, 114 Ohio St.3d 174, 2007-Ohio-3605, 870 N.E.2d 1166(followed)
  • Mahoning Cty. Bar Assn. v. DiMartino, 124 Ohio St.3d 360, 2010-Ohio-247, 922 N.E.2d 220(followed)
  • Trumbull Cty. Bar Assn. v. Braun, 133 Ohio St.3d 541, 2012-Ohio-5136, 979 N.E.2d 326(followed)
  • Disciplinary Counsel v. Scacchetti, 131 Ohio St.3d 165, 2012-Ohio-223, 962 N.E.2d 786(followed)
  • Disciplinary Counsel v. Mathewson, 113 Ohio St.3d 365, 2007-Ohio-2076, 865 N.E.2d 891(followed)

Cited In (0)

No citing cases on record yet.

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