Toledo Bar Assn. v. Berling

Summary

The Supreme Court of Ohio held that Mark David Berling committed 27 violations of the Ohio Rules of Professional Conduct across eight client matters, including neglect, failure to communicate, mishandling client funds, unauthorized practice, dishonesty, and improper sexual communications with a client. The court imposed a two-year suspension without stay, ordered restitution to seven former clients, and conditioned reinstatement on compliance with specified evaluation and treatment requirements.

Holdings

1. The Supreme Court of Ohio adopted the board's findings that Berling committed most of the charged violations of the Ohio Rules of Professional Conduct in all eight client matters.
2. A two-year suspension from the practice of law, without any portion stayed, was warranted.
3. Berling was required to pay specified restitution to seven former clients within 90 days and satisfy additional reinstatement conditions, including an Ohio Lawyers Assistance Program evaluation and proof of fitness to resume competent, ethical, and professional practice.

Questions Presented

1. Whether the Board of Professional Conduct's findings that Berling violated the Ohio Rules of Professional Conduct in eight client matters should be adopted.
2. What sanction is appropriate for Berling's pattern of neglect, failure to communicate, trust-account violations, dishonesty, unauthorized practice, sexual communications with a client, and failure to make restitution.
3. Whether Berling should be required to make specified restitution and satisfy conditions before reinstatement.

Disposition

other