Disciplinary Counsel v. Clark.

2018 Ohio 4491, 114 N.E.3d 201, 154 Ohio St. 3d 349
CourtOhio Supreme Court
DecidedNovember 8, 2018
Docket2018-0808
StatusPublished
Cited by1 cases

This text of 2018 Ohio 4491 (Disciplinary Counsel v. Clark.) 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
Disciplinary Counsel v. Clark., 2018 Ohio 4491, 114 N.E.3d 201, 154 Ohio St. 3d 349 (Ohio 2018).

Opinion

Per Curiam.

*349 {¶ 1} Respondent, John David Clark, of Canton, Ohio, Attorney Registration No. 0068809, was admitted to the practice of law in Ohio in 1997. In December 2017, relator, disciplinary counsel, charged him *202 with improperly notarizing client *350 signatures on multiple legal documents. The Board of Professional Conduct considered the case on the parties' consent-to-discipline agreement. See Gov.Bar R. V(16).

{¶ 2} In the agreement, the parties stipulated that in 2014, Clark's law firm conducted an unrelated review of his client files. During that review, the law firm discovered that over a seven-year period, Clark had engaged in at least eight incidents of false notarization and/or backdating of clients' legal documents. The following three incidents are representative examples of Clark's misconduct.

{¶ 3} In 2006, Clark witnessed his clients sign a general warranty deed and then notarized their signatures. However, he dated the document for five days in the future to coincide with the property's transfer date. He therefore falsely attested to the date that his clients had signed the document and acknowledged their signatures before him. In 2012, Clark e-mailed various documents to clients with instructions to sign and return them. His e-mail also stated, "[D]o not worry about the Notary Public." After the clients returned the documents, Clark notarized their signatures and thereby falsely represented that the documents had been personally acknowledged before him. In 2013, two of Clark's clients signed various trust-related documents in his presence, and he signed the documents as a witness. But Clark then backdated the documents and notarized the signatures on one of the documents using the same false date. He therefore falsely attested to the date that his clients had appeared before him to sign the documents.

{¶ 4} The parties' consent-to-discipline agreement identified five additional incidents of false notarization. After the law firm discovered Clark's misconduct, he resigned from the firm and self-reported his actions to relator. The parties also stipulated that Clark had expressed sincere remorse for his actions and apologized to his former clients, that he had not received any additional fees as a result of his misconduct, and that he believed he had engaged in the conduct for his clients' convenience.

{¶ 5} The parties stipulated that Clark violated DR 1-102(A)(4) and Prof.Cond.R. 8.4(c) (both prohibiting a lawyer from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation) and DR 1-102(A)(5) and Prof.Cond.R. 8.4(d) (both prohibiting a lawyer from engaging in conduct that is prejudicial to the administration of justice). 1 In addition, the parties agreed that as aggravating factors, Clark engaged in a pattern of misconduct and committed multiple offenses. See Gov.Bar R. V(13)(B)(3) and (4). Stipulated mitigating *351 factors included the absence of prior discipline, full and free disclosures to the board and a cooperative attitude toward the disciplinary proceedings, and a reputation for good character. See Gov.Bar R. V(13)(C)(1), (4), and (5). As a sanction, the parties jointly recommend that we impose a conditionally stayed six-month suspension.

{¶ 6} The board found that the consent-to-discipline agreement conforms to the requirements of Gov.Bar R. V(16) and recommends that we adopt the agreement in its entirety. In support of the recommended sanction, the board cited Disciplinary Counsel v. Roberts , 117 Ohio St.3d 99 , 2008-Ohio-505 , 881 N.E.2d 1236 , and Ohio State Bar Assn. v. Trivers , 123 Ohio St.3d 436 , 2009-Ohio-5285 , 917 N.E.2d 261 .

*203 {¶ 7} In Roberts , an attorney signed a settlement release for two married clients without their authority, notarized the clients' purported signatures, and asked his assistant to sign the release as a witness. In addition, the attorney changed the dates on a document previously executed by the husband and then notarized the husband's signature, although the attorney had not witnessed the husband sign the document. We noted that "[w]hen a lawyer notarizes a signature knowing that it is forged, and especially when the lawyer commits the forgery, an actual suspension is warranted." Id. at ¶ 15. However, "[f]ailing to properly notarize a document * * * may warrant a lesser sanction depending on the presence of mitigating factors," and "[a] public reprimand will issue if the lawyer does nothing improper in addition to notarizing a signature affixed outside the lawyer's presence." Id. at ¶ 17. Although the attorney in Roberts signed his clients' names without their authority and dishonored his notary jurat three times, we concluded that in consideration of the relevant mitigating factors-including the attorney's clean disciplinary record, remorse, good character, cooperation in the disciplinary process, and "good, albeit misguided, intentions" to help his clients-a conditionally stayed six-month suspension was the appropriate sanction. Id. at ¶ 18-20.

{¶ 8} In Trivers , an attorney notarized the signatures on nine documents related to several property transfers, although he had not personally witnessed any of the signatures. In addition, the attorney later participated in a meeting in which a power of attorney was fraudulently created to cover up his misconduct. We concluded that his multiple acts of fraud distinguished the case from those in which we had imposed public reprimands or fully stayed suspensions for isolated instances of notary abuse. We therefore suspended the attorney for one year, with six months conditionally stayed. Id. at ¶ 10.

{¶ 9} Here, there is no allegation that Clark notarized a forged signature or that he forged his clients' signatures.

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Bluebook (online)
2018 Ohio 4491, 114 N.E.3d 201, 154 Ohio St. 3d 349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/disciplinary-counsel-v-clark-ohio-2018.