Opinion
No. 90-2532
Submitted February 13, 1991 —
Decided May 8, 1991.
Attorneys at law — Misconduct — Public reprimand — Commingling of funds of a client with personal funds.
ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 90-14.
Relator, Columbus Bar Association, in its complaint of February 27, 1990, charged that respondent, Steven A. Larson, had violated DR 1-102(A) (1) (violation of a Disciplinary Rule); 1-102(A)(4) (engaging in conduct involving dishonesty, fraud, deceit or misrepresentation); 1-102(A)(6) (engaging in conduct that adversely reflects on his fitness to practice law); 9-102(A) (commingling funds of a client with personal funds); 9-102(B)(3) (failing to maintain complete records of all funds, securities and other property of a client and to render appropriate accounts regarding same); and 9-102(B)(4) (failing to properly pay or deliver to the client funds, securities or other properties which the client is entitled to receive).
The facts herein were stipulated as follows. The charges were based upon respondent's handling of money belonging to his clients. By agreement, respondent was to receive a contingent fee for all amounts he collected that were owed his clients on certain promissory notes. Payments on the notes were deposited into respondent's trust account. Respondent remitted these payments, less his fees, by trust check.
Because there were insufficient funds to cover the March 31, 1989 remittance, respondent deposited his personal funds into the trust account. Again, because there were insufficient funds to cover the July 5, 1989 remittance, he deposited his personal funds into the trust account.
During the period June 30, 1988 to August 31, 1989, respondent deposited collected client funds and also personal funds into the trust account, and during that period, the funds on deposit in the trust account, including collected client funds, were withdrawn by respondent for his personal use. Respondent's clients, it appears, received all amounts due them.
At a hearing before a panel of the Board of Commissioners on Grievances and Discipline on September 14, 1990, the oral testimonies of a federal district court judge, the Clerk of the Ohio Court of Claims, a bank administrator, and the respondent were received. In addition, letters from judges, endorsing respondent's integrity and excellent reputation, and a psychologist, describing respondent's stress and busy work schedule, were submitted. Upon review of the evidence, the panel found that respondent had violated DR 9-102(A), and recommended a public reprimand.
The board adopted the findings of the panel that the evidence did establish a commingling of the funds of a client with personal funds, but no violation of the other allegations, and the panel's recommendation that respondent be publicly reprimanded.
Timothy J. Ucker, E. Joel Wesp and Bruce A. Campbell, for relator.
David H. Bodiker, for respondent.
We agree with the board's findings and recommendation. We hereby publicly reprimand respondent, Steven A. Larson. Costs are taxed to respondent.
Judgment accordingly.
MOYER, C.J., SWEENEY, HOLMES, DOUGLAS, WRIGHT, H. BROWN and RESNICK, JJ., concur.