Opinion
No. 95-377
Submitted April 4, 1995 —
Decided July 26, 1995.
ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 94-02.
In a complaint filed February 22, 1994, relator, Cleveland Bar Association, charged respondent, Joseph Bancsi of Rocky River, Ohio, Attorney Registration No. 0025450, with professional misconduct in the representation of three different clients, all parties to domestic relations disputes, and in failing to cooperate with relator's investigation of the alleged misconduct. A panel of the Board of Commissioners on Grievances and Discipline of the Supreme Court ("board") heard the matter on October 21 and November 18, 1994.
The panel found that respondent had violated DR 9-102(A) (failure to deposit client funds in identifiable bank accounts that contain no funds belonging to the lawyer) with respect to all three clients because he had not deposited unearned fees in an IOLTA account (R.C. 4705.09). The panel found a violation DR 9-102(B)(3) (failure to maintain complete records of all client funds coming into possession of the lawyer and render appropriate accounting to client regarding them) because respondent had not appropriately accounted to at least one client upon request. The panel also found a violation of DR 2-110(A)(2) (failure to deliver to client all papers and property to which client is entitled upon withdrawal from employment) because respondent failed to return a case file to one of the clients after the client discharged him. The panel found no violation of Gov.Bar R. V(4)(G) (failure to cooperate with disciplinary investigation).
In recommending a sanction for this misconduct, the panel considered the testimony of Administrative Judge Timothy M. Flanagan of the Cuyahoga County Court of Common Pleas, Domestic Relations Division; Judge John W. Gallagher of the Cuyahoga County Court of Common Pleas, Juvenile Division and formerly of the domestic relations division; a past president of the Cleveland Bar Association; a domestic relations attorney; and a client whom respondent represented in a domestic relations matter. All these witnesses attested to respondent's competence and zealous representation of clients. The panel recommended that respondent receive a public reprimand for his misconduct. The board agreed, adopting the panel's findings of fact, conclusions of law, and recommendation.
Stewart DeChant Co., L.P.A., and Scott E. Stewart; Kabat, Mielziner Sobel and Christina M. Janice; and Mary Cibella, for relator.
Peterson Zelasko and Michael H. Peterson, for respondent.
We have reviewed the record and concur in the board's findings of misconduct and its recommended sanction. Respondent is hereby publicly reprimanded for having violated DR 9-102(A) and (B)(3), and 2-110(A)(2). Costs taxed to respondent.
Judgment accordingly.
MOYER, C.J., DOUGLAS, WRIGHT, RESNICK, F.E. SWEENEY, PFEIFER and COOK, JJ., concur.