Cincinnati Bar Assn. v. Eppley

Summary

The Supreme Court of Ohio found that Mark Carter Eppley committed 23 violations of the Ohio Rules of Professional Conduct, including neglect, failures concerning client communications and trust-account management, unauthorized practice of law, and misleading firm communications. The court imposed a two-year suspension of his law license, stayed in its entirety subject to conditions including monitored probation, trust-account oversight, continuing legal education, and no further misconduct.

Holdings

1. The court adopted the board's findings that Eppley committed 23 violations of the Ohio Rules of Professional Conduct, including violations involving diligence, client communication, excessive fees, safekeeping and accounting for client funds, prompt delivery and refund of client property, and unauthorized practice of law.
2. A solo practitioner violates Prof.Cond.R. 7.1 and 7.5(a) by continuing to use the firm name "Eppley Legal Group" when no other attorneys are employed by the firm and by failing to remove a former attorney's information from the firm's website.
3. Eppley was suspended from the practice of law in Ohio for two years, with the entire suspension stayed subject to conditions including no further misconduct, two years of monitored probation, monthly meetings with a monitoring attorney, access to trust-account and business-account records, and specified continuing legal education.

Questions Presented

1. Whether the stipulated facts established the charged violations of the Ohio Rules of Professional Conduct.
2. Whether Eppley's use of the firm name "Eppley Legal Group" and continued publication of a former attorney's information violated Prof.Cond.R. 7.1 and 7.5(a).
3. What sanction was appropriate for Eppley's multiple violations, including neglect, inadequate communication, excessive fees, client-fund misappropriation, trust-account violations, unauthorized practice, and misleading firm communications.

Disposition

other