Cincinnati Bar Ass'n v. Farrell

895 N.E.2d 800, 119 Ohio St. 3d 529
CourtOhio Supreme Court
DecidedSeptember 16, 2008
DocketNo. 2007-2395
StatusPublished
Cited by8 cases

This text of 895 N.E.2d 800 (Cincinnati Bar Ass'n v. Farrell) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cincinnati Bar Ass'n v. Farrell, 895 N.E.2d 800, 119 Ohio St. 3d 529 (Ohio 2008).

Opinion

Per Curiam.

{¶ 1} Respondent, William I. Farrell of Cincinnati, Ohio, Attorney Registration No. 0043635, was admitted to the practice of law in Ohio in 1989. The Board of Commissioners on Grievances and Discipline recommends that we suspend respondent’s license to practice for two years, staying the last year of the suspension on conditions, based on findings that he fabricated documents and also forged a signature to obtain a loan. We agree that respondent violated the Code of Professional Responsibility as found by the board and that the recommended sanction is appropriate.

{¶ 2} Relator, Cincinnati Bar Association, filed a complaint charging respondent with violations of DR 1-102(A)(3) (prohibiting a lawyer from engaging in illegal conduct involving moral turpitude) and 1-102(A)(4) (prohibiting a lawyer from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation). A panel of three board members heard the case and considered the evidence, including the parties’ stipulations of fact and misconduct and joint proposal for a one-year suspension, stayed on the condition of respondent’s continued mental-health treatment. The panel found the cited Disciplinary Rule violations, but recommended a two-year suspension with one year stayed on conditions, including continued mental-health treatment and probation. The board adopted the panel’s findings of misconduct and its recommendation.

{¶ 3} Respondent has objected to the board’s recommendation, arguing that his ethical breaches do not warrant such a severe sanction. He claims that whatever length of suspension is imposed, the sanction should be completely stayed in accordance with the proposed sanction of the parties, precedent, and the strength of the mitigating evidence. On review, we overrule the objection, adopt the board’s findings of misconduct, and accept the recommendation for a two-year suspension with one year stayed on the remedial conditions.

[530]*530Misconduct

{¶ 4} Since his admission to practice, respondent has worked in a small law firm, developing expertise in workers’ compensation and Social Security disability law. In early 1997, respondent became a partner in the firm, which continued in practice as Finkelmeier and Farrell. As of the panel hearing, respondent was still practicing with his firm.

{¶ 5} Though content in his practice at Finkelmeier and Farrell, respondent and his wife realized that his income from the firm alone would not sustain then-affluent lifestyle. His wife, also a practicing lawyer, mentioned sometime during 2004 her desire to cut back her work schedule to spend more time with then-young daughter, and she suggested that the family move to smaller quarters. Respondent promised instead to obtain more lucrative employment. But rather than actually quit his law firm, respondent merely pretended to have found another job.

{¶ 6} To that end, respondent fabricated a letter dated December 10, 2004, purporting to be a job offer from the chief operating officer of Sheakley Uniservice, Inc. The letter, written on what appeared to be the corporation’s letterhead, specified a job title of assistant general counsel, a $150,000 annual salary, an incentive-pay package, and various health insurance and other benefits. Respondent presented the fabricated letter to his wife to show that he had another job.

{¶ 7} Respondent fabricated another letter, dated June 13, 2005, purporting to be a job offer from the director of risk management for the Kroger Company. The letter specified a job. title of assistant director of risk management, a $168,000 annual salary, an incentive-pay package, and various health-insurance and other benefits. Respondent also presented this letter to his wife, and because of it, she resigned her position as a senior associate in a law firm, leaving a job that paid an annual salary of about $100,000.

{¶ 8} Respondent had hoped to increase the income from his practice enough to sustain his family, but by March 2006, he needed money. Respondent forged his wife’s signature on a power of attorney, intending to use the document to obtain a $50,000 increase in their line of credit. Then, to secure the necessary notarization on the power of attorney, respondent lied about the authenticity of the forged signature to the attorney he asked to notarize it. That lawyer notarized the false signature.1

{¶ 9} With the forged power of attorney, respondent borrowed an additional $50,000 on a line of credit, secured by his family’s home, from Fifth Third Bank. [531]*531His wife later happened upon a bank statement and questioned him about the extension of credit. To quell her suspicions, respondent fabricated three more letters, all dated May 5, 2006, and purporting to be written on Fifth Third letterhead.

{¶ 10} The first letter purported to be from the bank’s executive vice-president of retail banking operations; the second purported to be from the bank’s general counsel, executive vice-president, and corporate secretary; and the third purported to be from the bank’s president and chief executive. Respondent addressed each letter to himself and his wife, and in each supposedly redressed some issue with one or another of the couple’s bank accounts. The letters, all at least one page long, specified in great detail how the $75,000 credit limit had resulted from a “counterfeit” equity line of credit and how the discrepancies had been or were being remedied. None of these elaborate explanations was true.

{¶ 11} The bank letters temporarily allayed respondent’s wife’s concerns about the increase in their credit line. To keep her in the dark, respondent next stopped mail delivery to their home. His wife soon noticed that they were not getting mail, and respondent fabricated another letter, this one purporting to be from the United States Postal Service on post office letterhead. With this letter, dated May 19, 2006, an assistant director of internal investigations supposedly assured the couple that their mail had not been held or diverted in the last year.

{¶ 12} Respondent eventually revealed his duplicity to his wife, and in December 2006, the couple divorced. Respondent’s divorce decree requires that respondent repay the $75,000 line of credit from his funds or from the sale of the former couple’s home. As of the oral argument in this case, the debt remained outstanding.

{¶ 13} At the urging of his wife’s attorney, respondent reported his fabrications and forgery to relator. He has stipulated that he acted illegally in procuring a loan based on false information, see R.C. 2921.13(A)(8) (providing false information to obtain a loan is a misdemeanor of the first degree), and thereby violated DR 1-102(A)(3). He also stipulated that he had acted deceitfully, in violation of DR 1-102(A)(4). We accept these stipulations and the board’s findings as to this misconduct.

Sanction

{¶ 14} “When imposing sanctions for attorney misconduct, we consider the duties violated, the actual or potential injury caused, the attorney’s mental state, and sanctions imposed in similar cases.” Cleveland Bar Assn. v. Norton, 116 Ohio St.3d 226, 2007-Ohio-6038, 877 N.E.2d 964, ¶ 18. Before making a final determination, we also weigh evidence of the aggravating and mitigating factors listed in Section 10 of the Rules and Regulations Governing Procedure on [532]*532Complaints and Hearings Before the Board of Commissioners on Grievances and Discipline (“BCGD Proc.Reg.”). Cleveland Bar Assn. v. Glatki

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895 N.E.2d 800, 119 Ohio St. 3d 529, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cincinnati-bar-assn-v-farrell-ohio-2008.