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Cuyahoga County Bar Association v. Kelley

12/29/2004

also noted respondent's long-standing representation of clients who needed legal services but who did not qualify for pro bonorepresentation. The panel also found that respondent indeed recognized the deficiencies in his practice habits. This finding, however, was tempered by the concern that respondent did not comprehend the seriousness of his failure to satisfy the rules governing the practice of law in Ohio or the consequences to his clients of his inadequate services.


{ } The panel concluded that "respondent's clients would have been better served by other counsel, or even no counsel, than by the services rendered by respondent. The panel finds that the misconduct involved in these proceedings is likely to be repeated, and that the public, therefore, is at risk, so as long as respondent remains actively practicing law." The panel accordingly recommended that respondent be indefinitely suspended from the practice of law, with any eventual readmission contingent not only on the conditions of readmission imposed by Gov.Bar R. V but also upon respondent's successful completion of 12 hours of continuing legal education with respect to law office operations and the rules for the government of the bar, and on the condition that for a period of two years following readmission, respondent be placed on probation under the supervision of one or more monitoring attorneys, pursuant to Gov.Bar R. V(9) to monitor respondent's practice.


{ } The board adopted the findings of fact, conclusions of law, and recommendation of the panel, and additionally recommended that the cost of these proceedings be taxed to the respondent. We, in turn, adopt the board's report in full. Respondent has committed serious misconduct. These incidents, moreover, are not isolated -- respondent has already been severely sanctioned for similar violations. His history reinforces our concern that similar misconduct is very likely to continue if respondent is not suspended.


{ } Accordingly, respondent is hereby indefinitely suspended from the practice of law in Ohio with future readmission contingent on the following conditions: (1) that he comply with all conditions of readmission imposed by Gov.Bar R. V and (2) that he successfully complete 12 hours of continuing legal education with respect to law office operations and the rules for the government of the bar, in addition to the requirements set forth in Gov.Bar R. X(3)(G). If readmitted, for a period of two years following readmission, respondent shall be placed on probation under the supervision of one or more monitoring attorneys, pursuant to Gov.Bar R. V(9) to monitor his practice.


{ } Costs are taxed to respondent.


Judgment accordingly.


MOYER, C.J., RESNICK, F.E. SWEENEY, PFEIFER, LUNDBERG STRATTON, O'CONNOR and O'DONNELL, JJ., concur.




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