Disciplinary Counsel v. Bruce

Disciplinary Counsel v. Bruce, 2020 Ohio 85 (Ohio 2020) · Supreme Court of Ohio · January 16, 2020 · No. No. 2019-1076

Summary

An attorney violated Prof.Cond.R. 1.2(e) by threatening to file criminal charges to gain an advantage in a civil debt-collection matter, Prof.Cond.R. 4.2 by communicating directly with a represented party without counsel's consent, and Prof.Cond.R. 8.4(d) by including a provision in a settlement agreement requiring the opposing party to withdraw a disciplinary grievance. The Ohio Supreme Court imposed a one-year suspension, fully stayed on condition of no further misconduct, considering aggravating factors (selfish motive, multiple offenses) and mitigation (no prior discipline, cooperation, remorse).

Holdings

  1. Bruce violated Prof.Cond.R. 1.2(e) by threatening to file criminal charges against the Zettses to gain an advantage in his civil claim for unpaid rent.
  2. Bruce violated Prof.Cond.R. 4.2 by communicating directly with Laura Zetts after knowing she was represented by counsel, without the consent of her counsel.
  3. Bruce violated Prof.Cond.R. 8.4(d) by including a provision in the settlement agreement that required the Zettses to withdraw any pending disciplinary grievances and prevented them from filing future grievances, which is prejudicial to the administration of justice.
  4. The court imposed a one-year suspension, fully stayed on the condition that Bruce engage in no further misconduct.

Questions Presented

  1. Whether Bruce violated Prof.Cond.R. 1.2(e) by threatening to present criminal charges to obtain an advantage in a civil matter.
  2. Whether Bruce violated Prof.Cond.R. 4.2 by communicating with a represented party without consent.
  3. Whether Bruce violated Prof.Cond.R. 8.4(d) by including a provision in the settlement agreement that prevented the filing of disciplinary grievances.
  4. What is the appropriate sanction for Bruce's misconduct.

Disposition

approved

Cases Cited (5)

  • Cincinnati Bar Assn. v. Cohen, 86 Ohio St. 3d 100, 712 N.E.2d 118 (1999)(cited)
  • Cuyahoga Cty. Bar Assn. v. Wise, 108 Ohio St. 3d 164, 2006-Ohio-550, 842 N.E.2d 35(cited)
  • Medina Cty. Bar Assn. v. Cameron, 130 Ohio St. 3d 299, 2011-Ohio-5200, 958 N.E.2d 138(distinguished)
  • Disciplinary Counsel v. Bennett, 146 Ohio St. 3d 237, 2016-Ohio-3045, 54 N.E.3d 1232(distinguished)
  • Cincinnati Bar Assn. v. Dearfield, 130 Ohio St. 3d 363, 2011-Ohio-5295, 958 N.E.2d 910(distinguished)

Cited In (0)

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