Summary
The Supreme Court of Ohio entered an immediate interim remedial suspension against attorney Mark David Berling upon the consent of the parties. The order prohibited him from practicing law, imposed continuing legal education and client-protection reimbursement obligations, and required specified client-notification and compliance steps pending final disposition of disciplinary proceedings.
Topics
Practice areas
Questions Presented
- Whether the court should impose an immediate interim remedial suspension when the relator alleges conduct violating the Ohio Rules of Professional Conduct that poses a substantial threat of serious harm to the public and the parties consent to the suspension.
- What restrictions and compliance obligations should accompany the interim remedial suspension.
Holdings
- Pursuant to Gov.Bar R. V(19)(B), the court imposed an immediate interim remedial suspension on Berling pending final disposition of disciplinary proceedings based on alleged conduct threatening serious harm to the public.
- The suspension immediately prohibited Berling from practicing law, appearing on behalf of others, providing legal advice or services, and exercising the rights and privileges of an Ohio attorney in good standing, subject to the order's reinstatement and compliance conditions.
Factual background
The Toledo Bar Association alleged that Mark David Berling engaged in conduct violating the Ohio Rules of Professional Conduct and threatening serious harm to the public. Berling and the Toledo Bar Association consented to the imposition of an immediate interim remedial suspension. The court entered the suspension and imposed related restrictions and compliance obligations pending final disciplinary proceedings.
Procedural history
On March 24, 2020, the Toledo Bar Association filed a motion alleging that Berling had violated the Ohio Rules of Professional Conduct and posed a substantial threat of serious harm to the public. On March 25, 2020, the parties notified the court that they consented to an interim remedial suspension. On March 26, 2020, the Supreme Court of Ohio entered the suspension pending final disposition of disciplinary proceedings.