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settlementattorneylawyertrustrespondent

attorneylawyertrustrespondent

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Disciplinary Counsel v. Riek, 125 Ohio St.3d 46, 925 N.E.2d 980, 2010 -Ohio- 1556

Facts

Respondent, F. Benjamin Riek III, was charged with professional misconduct after it was discovered that he had used his trust account to pay personal expenses, overdrew the account multiple times, and issued a check to a client without sufficient funds to cover it. The attorney falsely informed the client that the dishonored check was due to a problem with a settlement check from the client's employer. The board found that Riek's actions violated several rules of professional conduct.

The parties stipulated that at all pertinent times, respondent practiced law as a solo practitioner and had a trust account. Between June 2007 and May 2008, respondent commingled personal and client funds in his trust account, overdrew the account on four occasions, and paid personal expenses directly from the account.

Issue

Did the attorney's actions constitute professional misconduct warranting disciplinary action?

Rule

The court applied the Rules of Professional Conduct, specifically Prof.Cond.R. 1.15(a), 1.15(c), and 8.4(h), which govern the handling of client funds and prohibit conduct that adversely reflects on a lawyer's fitness to practice.

We accept respondent's admission that his conduct violated Prof.Cond.R. 1.15(a) (requiring a lawyer to hold property of clients or third persons that is in the lawyer's possession in connection with a representation separate from the lawyer's own property), 1.15(c) (requiring a lawyer to deposit into a client trust account legal fees and expenses that have been paid in advance, to be withdrawn by the lawyer only as fees are earned or expenses incurred), and 8.4(h) (prohibiting a lawyer from engaging in conduct that adversely reflects on the lawyer's fitness to practice law).

Analysis

The court found that Riek's misuse of his trust account and his dishonesty towards the client constituted serious violations of the professional conduct rules. The court emphasized the importance of maintaining the separation of client and personal funds and noted that Riek's actions not only breached this duty but also involved deceit, which warranted a significant sanction.

The recommended sanction of an 18–month suspension, with 12 months stayed upon the condition that respondent commit no further misconduct, is within the range of sanctions imposed by the court for similar misconduct involving attorneys who have failed to properly maintain their trust accounts.

Conclusion

The court suspended Riek from the practice of law for 18 months, with 12 months of the suspension stayed on the condition that he commit no further misconduct.

We therefore suspend respondent from the practice of law in Ohio for 18 months, with 12 months of the suspension stayed upon the condition that he commit no further misconduct.

Who won?

The Disciplinary Counsel prevailed in the case, as the court upheld the board's recommendation for suspension based on the attorney's misconduct and the need to maintain the integrity of the legal profession.

The parties have not objected to the board's report.

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