Cleveland Law Library Weblog

Ohio Courts Vary on Use of Cell Phones at Court

We just conducted our annual ethics, professionalism and substance abuse seminar, and the professionalism session covered tech-etiquette between different generations of lawyers. IInterestingly, a new article from the Columbus Dispatch chronicles various court policies on the use of cell phones at court by lawyers, witnesses, court staff and media personnel.

Ohio Attorneys Will Soon Be Asked to Report Pro Bono Activities Again

Some time in early 2010, the Ohio Supreme Court will be sending Ohio attorneys a questionnaire soliciting information on their pro bono activities, including any financial contributions to legal services organizations. According to the Court's Press Release, the survey is the second that will be conducted since the Court encouraged pro bono activity in a 2007 Statement Regarding the Provision of Pro Bono Legal Services by Ohio Lawyers.

ABA Promoting National Pro Bono Week

We are now almost mid-way through the first national Pro Bono Week, which is being sponsored by the ABA Standing Committee on Pro Bono and Public Service. The ABA's initiative is dedicated to finding more lawyers to provide pro bono legal services, and local entities like the Cleveland Metropolitan Bar Association and The Legal Aid Society of Cleveland have really stepped up the the plate. Check out the list of activities and events they and others throughout Ohio are sponsoring.

New Ohio Supreme Court Disciplinary Task Force Underway

A brand new Task Force has been created by Ohio Supreme Court Chief Justice Thomas Moyer to review Ohio's disciplinary process for lawyers and judges. This new Task Force met for the first time last week to begin the job of determining whether Ohio's current system is the "most effective and efficient means of investigating, prosecuting and adjudicating allegations of professional misconduct on the part of Ohio’s lawyers and judges." The Supreme Court's Press Release names all of the Task Force members, including current Ohio State Bar Association President Gary Leppla of Dayton.

Fairfield County Muni Court Judge Disbarred

If you have not already heard the news, the Ohio Supreme Court just permanently disbarred a former Fairfield County Municipal Court Judge named Don S. McAuliffe for multiple violations of both the Ohio Code of Professional Responsibility and the Code of Judicial Conduct. (McAuliffe's misconduct occurred before the effective date of the Ohio Rules of Professional Conduct) The Supreme Court's decision was based on the fact that McAuliffe was convicted of burning down a house he owned for the insurance money. This conduct caused the Court to conclude that McAuliffe violated rules prohibiting moral turpitude, dishonesty, fraud, deceit, misrepresentation. The Court also held that his actions were prejudicial to the administration of justice and contrary to the standards to which attorneys and judges are held. Click here to read the Court's opinion.

Supreme Court Awards $125,000 to Victims of Attorney Theft

This week, the Ohio Supreme Court announced that it awarded over $125,000 from the Clients' Security Fund to victims of attorney theft. According to the Court's Press Release, these funds covered the misconduct of 11 former or suspended attorneys and multiple clients, three (3) of whom were from Cuyahoga County. All of the cases involved work the attorneys never performed or misappropriation of client funds. Click here for more information about some of the disciplinary cases.

Suspended and Disqualified Attorneys Cannot Meet Clients or Handle Their Funds

Starting September 1st, attorneys who have been either suspended or disqualified will not be able to have any client contact and will not be able to handle client funds. Currently, Rule V of the Rules for the Government of the Bar of Ohio does not prohibit these actions, as long as they do not constitute the practice of law. The amendment will also 1) require attorneys or law firms that hire suspended or disqualified attorneys to notify clients when they work on client matters and 2) register their hires with the Office of Disciplinary Counsel. Click here to read the Ohio Supreme Court's Press Release.

Ohio Supreme Court Seeking Comments on Rules for Grievances & Discipline

In a Press Release issued today, the Ohio Supreme Court has announced that it is seeking comments on proposed rule changes to the rules of the Board of Commissioners on Grievances & Discipline. The proposed rules would make changes to the terms of Board members and extend from 60 to 90 days the time that a written consent to discipline agreement could be entered into. Click here to view the proposed amendments.

Ohio Supreme Court Issues Professionalism Ideals

Two days ago, on December 12, 2007, the Ohio Supreme Court's Commission on Professionalism issued a new document called "Professional Ideals for Ohio Lawyers and Judges." This document incorporates several existing document, including A Lawyer's Creed, A Lawyer's Aspirational Ideals, the Statement on Judicial Professionalism, and A Judicial Creed. It also adds a "Statement Regarding the Provision of pro bono Legal Services by Ohio Lawyers." According to the Supreme Court's Press Release, "[t]his statement encourages Ohio attorneys to regularly provide pro bono (without charge) legal services and to report their voluntary legal activities.

Ohio Code of Judicial Conduct To Be Reviewed

The Ohio Supreme Court has created a new Task Force on the Code of Judicial Conduct. According to the Court's web site, Justice Moyer created this Task Force to "review the Ohio Code of Judicial Conduct in light of recent amendments adopted by the American Bar Association to the Model Code of Judicial Conduct."  More specifically, the Task Force is charged with reviewing, revising and improving the current Code. The Court's news release can be found at the following link. Appointments have already been made, and local members include Judge Colleen Conway Cooney from the 8th District Court of Appeals and Jean M. McQuillan-an attorney from Rocky River, Ohio. Like every other Task Force the Ohio Supreme Court has created in the past few years, information on the activities of this new Task Force  will be periodically posted to the Supreme Court's website at the following link.