Columbus Bar Ass'n v. Reed
Columbus Bar Ass'n v. Reed
Opinion of the Court
We adopt the findings and conclusions of the board, except the conclusion that respondent violated DR 2-106(A), as to which we make no finding. We also adopt the recommendation of the board. Respondent is hereby suspended from the practice of law for six months with the entire six-month suspension stayed. Costs are taxed to respondent.
Judgment accordingly.
Dissenting Opinion
dissenting. I agree with the majority that suspension is the appropriate sanction here, but I respectfully dissent from the majority’s decision to stay respondent’s suspension.
Respondent accepted the $4,000 balance of his fee for an appeal to this court over a month after the deadline for Sanders’s appeal had passed. Respondent told his client that there were substantial grounds for a delayed appeal, then failed to file a motion for delayed appeal and notice of appeal. Indeed, respondent failed to take any action after receiving the funds, and failed to return the fee until Carpenter filed a grievance with relator.
When respondent neglected an entrusted legal matter in violation of DR 6-101(A)(3), respondent violated the duty of diligence that he owed to his client. His was a knowing violation. “Suspension is generally appropriate when * * * a lawyer knowingly fails to perform services for a client and causes injury or potential injury to a client.” ABA Standards for Imposing Lawyer Sanctions, Standard 4.42(a).
In my view, the mitigating factors mentioned in the panel and board reports are insufficient to warrant staying respondent’s suspension. “Absence of a prior disciplinary record” is a mitigating factor under the board’s recently proposed guidelines.
. ABA Center for Professional Responsibility, Standards for Imposing Lawyer Sanctions (1991 & Amend. 1992).
. Board of Commissioners on Grievances and Discipline, Proposed Rules and Regulations Governing Procedure on Complaints and Hearings, Section 10(B)(1), Guidelines for Imposing Lawyer Sanctions.
Reference
- Full Case Name
- Columbus Bar Association v. Reed
- Cited By
- 4 cases
- Status
- Published