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Richland County Bar Association v. Brickley12/4/2002
nel considered the factors stipulated as mitigating, which were corroborated by the forthright testimony of respondent, a professional acquaintance and friend of respondent, and respondent's treating psychologist. The panel learned that respondent had been a competent practitioner prior to the events at issue but was subsequently devastated by the decline of his marriage and eventual divorce. His despondency lead to alcoholism, three convictions for driving while under the influence of alcohol, and in January 2000, hospitalization. The panel determined that respondent's misconduct over the preceding years had stemmed from his personal misfortunes and the condition diagnosed by his psychologist -depression/anxiety adjustment disorder with mixed emotional features and alcohol dependence. The panel also determined that respondent had been treated for this condition and is now in recovery.
. Taking into account (1) the above-mentioned factors, (2) that respondent's misconduct was similar to the misconduct in Toledo Bar Assn. v. Godbey (2002), 94 Ohio St.3d 416, 763 N.E.2d 1156, and Cincinnati Bar Assn. v. Kieft (2002), 94 Ohio St.3d 429, 763 N.E.2d 1167, and (3) that relators stipulated to a sanction of indefinite suspension, the panel recommended that respondent be suspended indefinitely from the practice of law. The panel also recommended that respondent's reinstatement be conditioned on his documented reimbursement of $750 to the client described in subsection A herein, $520 to the client described in subsection E herein, and $150 to the client described in subsection M herein, in addition to the requirements of Gov.Bar R. V(10). The panel further recommended that respondent document his completion of 12 hours of accredited continuing legal education courses in office management and that he enter into and satisfactorily complete a Lawyer's Support System Recovery Contract under the supervision of the Ohio Lawyers Assistance Program, Inc. Finally, the panel recommended that, if reinstated, respondent should serve a two-year probation period monitored by an attorney selected by the Richland County Bar Association.
. The board adopted the panel's findings of misconduct and recommendation, and we agree with its decision. Disbarrment is ordinarily the sanction when an attorney's misconduct permeates his practice in the way that respondent's misconduct did in this case. Cleveland Bar Assn. v. Glatki (2000), 88 Ohio St.3d 381, 726 N.E.2d 993. However, even when disbarrment is otherwise appropriate, we have tempered our disposition if sufficient mitigating factors exist and the board recommends it. Cleveland Bar Assn. v. Harris, 96 Ohio St.3d 138, 2002-Ohio-2988, 772 N.E.2d 621, at 6. We consider this to be such a case.
. Accordingly, respondent is indefinitely suspended from the practice of law in Ohio, and his reinstatement, if any, will be subject to the recommended conditions. Costs are taxed to respondent.
Judgment accordingly.
Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.
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