Columbus Bar Assn. v. Jones

2021-Ohio-4070 (Ohio 2021) · Supreme Court of Ohio · November 18, 2021 · No. 2021-0749

Summary

The Supreme Court of Ohio held that Eric Alan Jones committed professional misconduct by making false statements during a disciplinary investigation, engaging in deceitful conduct, and sending messages implying retaliation. The court imposed a six-month suspension stayed in its entirety subject to compliance with an Ohio Lawyers Assistance Program contract, ethics-focused monitored probation, no further misconduct, and payment of costs.

Holdings

  1. Jones violated Prof.Cond.R. 8.1(a) by knowingly making false statements of material fact in connection with a disciplinary matter and violated Prof.Cond.R. 8.4(c) by engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.
  2. Jones violated Prof.Cond.R. 8.4(h) by sending text messages that implied retaliation in response to a disciplinary grievance and thereby engaging in conduct adversely reflecting on his fitness to practice law.
  3. A six-month suspension from the practice of law, stayed in its entirety on specified conditions, was appropriate based on the balance of aggravating and mitigating factors and comparable precedent.

Questions Presented

  1. Whether Jones committed professional misconduct by knowingly making false statements in connection with a disciplinary matter.
  2. Whether Jones engaged in deceitful conduct and conduct adversely reflecting on his fitness to practice law.
  3. What sanction was appropriate in light of the misconduct, aggravating and mitigating factors, and comparable disciplinary cases.
  4. Whether the recommended monitored probation condition should be imposed and, if so, how it should be framed.

Disposition

other

Cases Cited (5)

  • Akron Bar Assn. v. DeLoach, 130 Ohio St.3d 153, 2011-Ohio-4201, 956 N.E.2d 811(followed)
  • Disciplinary Counsel v. Wexler, 139 Ohio St.3d 597, 2014-Ohio-2952, 13 N.E.3d 1168(followed)
  • Disciplinary Counsel v. Harmon, 158 Ohio St.3d 248, 2019-Ohio-4171, 141 N.E.3d 142, ¶ 57(cited in dissent)
  • Columbus Bar Assn. v. Kiesling, 125 Ohio St.3d 36, 2010-Ohio-1555, 925 N.E.2d 970, ¶ 44(cited in dissent)
  • Disciplinary Counsel v. Agopian, 112 Ohio St.3d 103, 2006-Ohio-6510, 858 N.E.2d 368, ¶ 10(cited in dissent)

Cited In (0)

No citing cases on record yet.

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