Office of Disciplinary Counsel v. Linick
Office of Disciplinary Counsel v. Linick
Opinion of the Court
We adopt the findings and conclusions of the board. On review of the record, we find that respondent’s conduct violated DR 2-107(A)(l) and 5-107(A)(2) as found by the board. In Ohio State Bar Assn. v. Zuckerman (1998), 83 Ohio St.3d 148, 699 N.E.2d 40, we imposed a one-year suspension on one of the outside counsel who participated in this scheme. We believe that the same sanction is appropriate for respondent. Respondent is hereby suspended from the practice of law in Ohio for one year. Costs taxed to respondent.
Judgment accordingly.
Dissenting Opinion
dissenting. I respectfully dissent from the sanction imposed by the majority. In the case of Ohio State Bar Assn. v. Zuckerman (1998), 83 Ohio St.3d 148, 699 N.E.2d 40, the court imposed a one-year suspension. In the Zuckerman case, no one disputes that Zuckerman did competent
Linick performed no services for the percentage of kickback he received. He had a similar scheme going with Attorney Kanter. Linick returned none of this money to his employer, Glidden. He was the mastermind and the beneficiary of the scheme. His discipline should therefore be greater than Zuckerman’s.
Therefore, I would suspend Linick for two years, with six months stayed.
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