BEFORE THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE OF THE SUPREME COURT OF OHIO REINSTATEMENT TO THE PRACTICE OF LAW

Similar documents
BEFORE THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE OF THE SUPREME COURT OF OHIO

BEFORE THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE OF THE SUPREME COURT OF OHIO

[Cite as Cleveland Bar Assn. v. Armon (1997), Ohio St.3d.] Attorneys at law -- Misconduct -- Permanent disbarment --

BEFORE THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE OF THE SUPREME COURT OF OHIO. Findings of Fact,

BEFORE THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE OF THE SUPREME COURT OF OHIO

S17Y0871. IN THE MATTER OF JEFFREY L. SAKAS. This disciplinary matter is before the Court on special master C. David

[Cite as Disciplinary Counsel v. Zapor, 127 Ohio St.3d 372, 2010-Ohio-5769.]

[Cite as Trumbull Cty. Bar Assn. v. Kafantaris, 121 Ohio St.3d 387, 2009-Ohio-1389.]

[Cite as Ohio State Bar Assn. v. Trivers, 134 Ohio St.3d 139, 2012-Ohio-5389.]

S18Y0833, S18Y0834, S18Y0835, S18Y0836, S18Y0837. IN THE MATTER OF S. QUINN JOHNSON (five cases).

S17Y1499, S17Y1502, S17Y1623. IN THE MATTER OF ANTHONY SYLVESTER KERR. These disciplinary matters are before the court on the reports filed by

IN THE SUPREME COURT OF THE STATE OF KANSAS. No. 113,200. In the Matter of LARRY D. EHRLICH, Respondent. ORIGINAL PROCEEDING IN DISCIPLINE

[Cite as Disciplinary Counsel v. Stubbs, 128 Ohio St.3d 344, 2011-Ohio-553.]

S14Y0692. IN THE MATTER OF LAXAVIER P. REDDICK-HOOD. This disciplinary matter is before the Court on the Report and

[Cite as Disciplinary Counsel v. Walker, 119 Ohio St.3d 47, 2008-Ohio-3321.]

THE SUPWEME COURT OF OHIO. petitions this Court for reinstatement to the practice of law pursuant to Gov. Bar R.

IN THE SUPREME COURT OF OHIO

[Cite as Disciplinary Counsel v. Nicks, 124 Ohio St.3d 460, 2010-Ohio-600.]

(1131 Respondei7t's misconduct can be summarized as engaging in a practice of

Rules for Qualified & Court-Appointed Parenting Coordinators

THE BOARD ON THE UNAUTHORIZED PRACTICE OF LAW OF THE SUPREME COURT OF OHIO. On May 12, 2006 Relator Dayton Bar Association filed its Complaint against

S17Y0531. IN THE MATTER OF DAVID J. FARNHAM. This disciplinary matter is before the Court on the report and

[Cite as Disciplinary Counsel v. Meehan, 133 Ohio St.3d 51, 2012-Ohio-3894.]

BEFORE THE BOARD OF COMMISSIONERS ON 1 1y -,jy 47 GRIEVANCES AND DISCIPLINE OF THE SUPREME COURT OF OHIO

BEFORE THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE OF THE SUPREME COURT OF OHIO

* * * TONY L. SCHAFFER, * Respondent *

IN THE SUPREME COURT OF THE STATE OF KANSAS. No. 114,542. In the Matter of BENJAMIN N. CASAD, Respondent. ORIGINAL PROCEEDING IN DISCIPLINE

REINSTATEMENT QUESTIONNAIRE. To facilitate the processing of Petitions for Reinstatement to practice law the

THE STATE OF NEW HAMPSHIRE SUPREME COURT OF NEW HAMPSHIRE ORDER

S17Y1439. IN THE MATTER OF DAVID R. SICAY-PERROW. Following this Court s remand of this reciprocal disciplinary matter, see

APPENDIX A Affidavit in Support of Application to Resign While Proceeding or Investigation is Pending INSTRUCTIONS An application pursuant to section

S17Y0374. IN THE MATTER OF JOHN ANDREW LESLIE. This disciplinary matter is before the Court on the petition for voluntary

Rule 1.8 Service Methods. (a) Except as provided in Rule 4.2 and Rule 8.9, any pleading or document required under these rules to be served on an

IN THE SUPREME COURT OF THE STATE OF KANSAS. No. 109,512. In the Matter of SUSAN L. BOWMAN, Respondent. ORIGINAL PROCEEDING IN DISCIPLINE

LOUISIANA ATTORNEY DISCIPLINARY BOARD IN RE: RAUSHANAH SHAKIA HUNTER NUMBER: 16-DB-085 RECOMMENDATION TO THE LOUISIANA SUPREME COURT INTRODUCTION

IN THE SUPREME COURT, STATE OF WYOMING

STATE OF VERMONT PROFESSIONAL RESPONSIBILITY BOARD. Decision No. 194

The Anatomy of a Complaint

People v. Michael Scott Collins. 14PDJ042. December 2, 2014.

) No. SB D RICHARD E. CLARK, ) ) No Respondent. ) ) O P I N I O N REVIEW FROM DISCIPLINARY COMMISSION

Effective January 1, 2016

[Cite as Disciplinary Counsel v. Wexler, 139 Ohio St.3d 597, 2014-Ohio-2952.]

[Cite as Disciplinary Counsel v. Dundon, 129 Ohio St.3d 571, 2011-Ohio-4199.]

CAROLYI^,' KAYE RANKE, ) ^ ^ ^... ^.. ^...

[Cite as Ohio State Bar Assn. v. McCray, 109 Ohio St.3d 43, 2006-Ohio-1828.]

RULES REGULATING THE FLORIDA BAR CHAPTER 1 GENERAL INTRODUCTION 1-1. NAME. The name of the body regulated by these rules shall be THE FLORIDA BAR.

IN THE SUPREME COURT OF THE STATE OF KANSAS. No. 114,863. In the Matter of LYLE LOUIS ODO, Respondent. ORIGINAL PROCEEDING IN DISCIPLINE

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA

: No Disciplinary Docket No. 3. No. 39 DB : Attorney Registration No : (Philadelphia) ORDER

OPINION AND ORDER IMPOSING SANCTIONS. Sanction Imposed: Two Year and Three Month Suspension

[Cite as Disciplinary Counsel v. Nittskoff, 130 Ohio St.3d 433, 2011-Ohio-5758.]

S14Y0625. IN THE MATTER OF WILLIAM CHARLES LEA. This disciplinary matter is before the Court on the Report and

Florida Rules for Certified and Court-Appointed Mediators. Part I. Mediator Qualifications

IN THE SUPREME COURT OF FLORIDA (Before A Referee) The Florida Bar File No ,336(15D) FFC

Timothy J. McNamara appeared on behalf of the Office of Attorney Ethics. To the Honorable Chief Justice and Associate Justices of

IN THE SUPREME COURT OF THE STATE OF KANSAS. No. 118,378. In the Matter of LANCE M. HALEY, Respondent. ORIGINAL PROCEEDING IN DISCIPLINE

[SUBSECTIONS (a) AND (b) ARE UNCHANGED]

People v. Tolentino. 11PDJ085, consolidated with 12PDJ028. August 16, Attorney Regulation. The Presiding Disciplinary Judge disbarred Gregory

People v. Bill Condon. 16PDJ050. December 23, 2016.

CHAPTER 20 RULE DISCIPLINE AND DISABILITY: POLICY JURISDICTION

IN THE SUPREME COURT OF THE STATE OF KANSAS. No. 107,751. In the Matter of DAVID K. LINK, Respondent. ORIGINAL PROCEEDING IN DISCIPLINE

ROLES AND RESPONSIBILITIES OF PARTNERS, SUPERVISORY, AND SUBORDINATE LAWYERS

S13Y1581.IN THE MATTER OF JACK O. MORSE. This disciplinary matter is before the Court on a Petition for Voluntary

PUBLISHED AS A PUBLIC SERVICE BY THE OFFICE OF DISCIPLINARY COUNSEL

IN THE SUPREME COURT OF THE STATE OF NEW MEXICO OPINION

: No. 852 Disciplinary Docket No. 3. : Nos. 148 DB 2003 & 174 DB : Attorney Registration No : (Allegheny County) ORDER

IN THE SUPREME COURT OF FLORIDA ANSWER BRIEF

[Cite as Disciplinary Counsel v. Lape, 130 Ohio St.3d 273, 2011-Ohio-5757.]

DISTRICT OF COLUMBIA COURT OF APPEALS BOARD ON PROFESSIONAL RESPONSIBILITY REPORT AND RECOMMENDATION OF THE BOARD ON PROFESSIONAL RESPONSIBILITY

State of Michigan. Attorney Grievance Commission

[Cite as Disciplinary Counsel v. Broschak, 118 Ohio St.3d 236, 2008-Ohio-2224.]

In Re: Robert Eric Hall

IN THE SUPREME COURT OF THE STATE OF KANSAS. No. 113,928. In the Matter of ELIZABETH ANNE HUEBEN, Respondent. ORIGINAL PROCEEDING IN DISCIPLINE

Frequently Asked Questions The Consumer Assistance Program

BEFORE THE DISTRICT 6 GRIEVANCE COMMITTEE EVIDENTIARY PANEL 6-1 STATE BAR OF TEXAS JUDGMENT OF FULLY PROBATED SUSPENSION. Parties and Appearance

REPORT, DECISION AND IMPOSITION OF SANCTIONS

IN THE SUPREME COURT OF THE VIRGIN ISLANDS

ENFORCEMENT RULES & DISCIPLINARY BOARD RULES RELATING TO REINSTATEMENT

S17Y1329. IN THE MATTER OF RICKY W. MORRIS, JR. seeking the disbarment of Ricky W. Morris, Jr. (State Bar No ), based

IN THE SUPREME COURT OF THE STATE OF KANSAS. No. 119,254. In the Matter of JOHN M. KNOX, Respondent. ORIGINAL PROCEEDING IN DISCIPLINE

[Cite as Cincinnati Bar Assn. v. Harwood, 125 Ohio St.3d 31, 2010-Ohio-1466.]

The Supreme Court of South Carolina

LOUISIANA ATTORNEY DISCIPLINARY BOARD IN RE: KEISHA M. JONES-JOSEPH NUMBER: 14-DB-035 RECOMMENDATION TO THE LOUISIANA SUPREME COURT INTRODUCTION

Rules of Procedure TABLE OF CONTENTS

Supreme Court of the State of New York Appellate Division: Second Judicial Department D47806 T/htr

IN THE PROBATE COURT OF HENRY COUNTY STATE OF GEORGIA PETITION OF GUARDIAN TO TERMINATE TEMPORARY GUARDIANSHIP OF MINOR

IGIAIAL. IN THE SUPREME COURT OF OHrIO. CLERK OF COURT SUPREME COURT pf OHI. Case No

RULES OF THE STATE BAR OF YAP. Table of Contents. Statement of Purpose and Policy 1

Residential Real Property Law

SUPREME COURT OF WISCONSIN

[Cite as Disciplinary Counsel v. Milhoan, 142 Ohio St.3d 230, 2014-Ohio-5459.]

F 3.201(2)(A) IN THE DISTRICT COURT OF SHAWNEE COUNTY, KANSAS ) JOHN D. DOE, ) ) Case No. Plaintiff, ) ) vs. ) ) THOMAS M. SMITH, ) ) Defendant.

CMBA LRS PARTICIPATION AGREEMENT

ORIGINAL LOUISIANA ATTORNEY DISCIPLINARY BOARD IN RE: SATRICA WILLIAMS-BENSAADAT NUMBER: 12-DB-046

[Cite as Columbus Bar Assn. v. Dugan, 113 Ohio St.3d 370, 2007-Ohio-2077.]

Please complete the form by typing or printing legibly in black ink.

IN THE SUPREME COURT OF FLORIDA (Before a Referee) REPORT OF REFEREE. The Florida Bar filed its formal complaint against respondent on or about

SLIP OPINION NO OHIO-1907 CLEVELAND METROPOLITAN BAR ASSOCIATION

1. Admission to the Bar. A lawyer is qualified for admission to the bar of the district if the lawyer meets the following requirements:

[Cite as Mahoning Cty. Bar Assn. v. Lavelle, 107 Ohio St.3d 92, 2005-Ohio-5976.]

Transcription:

AL BEFORE THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE OF THE SUPREME COURT OF OHIO In Re: Reinstatement of Edward G. Rinderknecht Attorney Reg. No. 0025845 Respondent Cincinnati Bar Association SCO Case No. 1996-1993 BOC Case No. 95-13 Findings of Fact, Conclusions of Law and Recommendation of the Board of Commissioners on Grievances and Discipline of the Supreme Court of Ohio Relator REINSTATEMENT TO THE PRACTICE OF LAW ( 1) Respondent, Edward G. Rinderknecht, was indefinitely suspended from the practice of law on June 18, 1997. Cincinnati BarAssn. v. Rinderknecht (1997), 79 Ohio St.3d 30. The indefinite suspension followed an investigation by the Cincinnati Bar Association into Respondent's conduct and a formal hearing held before a panel of the Board of Commissioners on Grievances and Discipline of the Supreme Court. In its per curiam decision, the Supreme Court described the hearing and the evidence against Respondent as follows: At this hearing, relator attempted to prove that respondent had conceived of a program, in conjunction with a business consultant and a doctor, in which recent accident victims would receive calls from employees of the program. The caller would attempt to secure the medical and legal business of the accident victim for the doctor and respondent. Relator also attempted to prove that respondent hired people to monitor police radio scanners and appear at accident scenes to secure the business of the accident victims for the doctor and respondent. Respondent attempted to prove that he did not participate in any such program. F LED FEB 14 2012 CLERK OF COURT LSUPREME COURT OF OHIO

Nevertheless, the panel found that the respondent hired.frank Lalli, a long-time business associate, to help respondent organize his office. Respondent introduced Lalli to Dr. Robert Barner, a chiropractor. Barner hired Lalli to market Barner's chiropractic practice. To do this, Lalli created the Ohio Accident Assistance Program ("OAAP"). OAAP hired telephone solicitors to call accident victims to inform the victims about their rights, including receiving medical care and legal representation. In reality, OAAP attempted to steer business to Barner and respondent. Respondent paid OAAP $1,075 per month for this service. Respondent and Barner also paid Robert "L.A." Jackson to drive individuals to and from their offices for appointments. According to the testimony, Jackson monitored a police scanner for accidents. On learning of an accident, he appeared at the scene, sometimes before the police arrived, and offered to transport the victim to see Barner and respondent. Jackson received between $100 and $200 for each referral. Under Count I, Dale Daniels received a telephone call at his house from OAAP following his automobile collision. OAAP set Daniels up with appointments to see Bamer and respondent. The caller also set up similar appointments for Dante Seta an acquaintance of Daniels, who was also injured in the collision. The panel found that respondent had violated DR 2-101(F)(1) (soliciting business by telephone), 2-103(B) and ( C) (entering into agreement with and making payment to a non-approved organization to promote services as an attorney), and 2-104(A) (giving unsolicited advice that persons should obtain legal counsel and then accepting employment from those persons). As to Count II, Andrea Jones and Devon Flowers received telephone calls after an automobile collision from a person named "Roxanne," who stated that she worked for an agency that could help them. On Roxanne's recommendation, Jones scheduled appointments with respondent. According to the testimony, a Roxanne Jacobs worked for Bamer and respondent at the time the telephone calls were made. The panel found that respondent had violated the same Disciplinary Rules as in Count I. Finally, as to Count III, Frank C. Walker was in an automobile accident. Jackson appeared at the scene immediately and approached Walker. Jackson gave Walker respondent's business card, on the back of which was Jackson's pager number, and recommended that Walker should retain Respondent. Relator claims that Jackson received $100 for Walker's referral.

The panel found that respondent had violated DR-2-101(F)(1), 2-103(A) and (B) (accepting employment that an attorney's agent has recommended), and 2-104(A). Id. at 31-32. { 2} On July 28, 2011, Respondent filed a petition for reinstatement, The petition was referred to the Board of Commissioners on Grievances and Discipline, and a panel consisting of Alvin R. Bell, Charles Coulson, and Judge John B. Street, chair, all of whom are duly qualified members of the Board, was appointed to hear this matter. None of the panel members resides in the appellate district where this matter arose. A hearing was held on the petition for reinstatement in Columbus, Ohio, on November 30, 2011. Mr. Coulson was not able to attend the hearing, and the parties agreed that he would participate by reviewing the transcript of the hearing and participating in the decision of the panel after this review. _ At the hearing, John B. Pinney represented the Cincinnati Bar Association and D. Chris Cook represented the Lorain County Bar Association, which was added to the case as a co-relator. Respondent appeared and was represented by Jay Milano. fr2l t!i J up;,,qratp,,,p t r.r^^.ped;nus are Qoverned bv the Drovisions of the Rules for the.^,,...,....r a_ Govenunent of the Bar. Gov. Bar R. V, Section 10(E) sets fbrth the factors for reinstatement: The petitioner shall not be reinstated unless he or she establishes all of the following by clear and convincing evidence to the satisfaction of the panel hearing the petition for reinstatement: (1) That the petitioner has made appropriate restitution to the persons who were barmed by his or her misconduct; (2) That the petitioner possesses all of the mental, educational, and moral qualifications that were required of an applicant for admission to the practice of law in Ohio at the time of his or her original admission; (3) That the petitioner has complied with the continuing legal education

requirements of Gov. Bar R. X, Section 3(G); (4) That the petitioner is now a proper person to be readmitted to the practice of law in Ohio, notwithstanding the previous disciplinary action. The order of reinstatement may be subject to conditions the Supreme Court considers appropriate including, but not linrited to, requiring the petitioner to serve a period of probation on conditions the Supreme Court determines and requiring the petitioner to subsequently take and pass a regular bar examination of the Supreme Court and take the oath of office. { 4} The evidence presented at the hearing consisted of stipulated facts and exhibits including character references, and the testimony of Respondent. Respondent established by clear and convincing evidence the requisites for reinstatement: (1) he has repaid the client security fur.d the full amount of restitution totaling $10,910.21; (2) he possesses all of the mental, educational, and moral qualifications that were required of an applicant for admission to the practice of law at the time of his original admission; (3) he has complied with the continuing legal education requirements Gov. Bar R. X, Section 3(G) by completing 166.75 total hours and 27 hours of professional conduct training; and (4) he is now a proper person to be readmitted to the practice of law in Ohio. {115} Respondent is now 63 years of age. He resides in Sheffield Lake, in Lorain County, Ohio, and if reinstated, plans to establish an office in Lorain County where he would only represent law farms specializirig in oil and gas law. Although admitted to practice law in 1976, Respondent's actual experience has been very limited. He clerked for his father's law firm in Toledo for about 18 months. He then left the practice of law in 1978 to co-found a company called Royal Petroleum Properties, a full-service developmental oil and gas company. The company drilled in excess of 450 wells and by 1982 had approximately 120 employees. Respondent then left that company to form a sister company, Empire Securities Group Inc., to

promote capital formation primarily for Royal Petroleum. Both companies were quite successful for a number of years until the international price of oil crashed in the late 1980's. Respondent tried to keep the companies operating, but ultimately they failed and were dissolved. { 6} In 1992, Respondent opened a solo law practice in Cincinnati, where he resided until his suspension in 1997. His law practice consisted of probate, personal injury, and minor criminal cases. After his suspension, he moved to the Virgin Islands and flew a hot air balloon for 18 to 24 months. He then took employment with a Buffalo Grove/Chicago, Illinois based company, Intemationai Profit Associates. He worked for about 18 months for that company as a seniority manager for northwest Ohio where he was responsible for marketing their services. {117} He then moved to Cleveland and went to work for Nathan Zaremba of Zaremba Cleveland Communities, a builder of planned unit development communities. He worked for Zaremba from 2000 to 2005. When he left that employment, there was a dispute over money owed to Respondent from commissions he had eamed. Respondent hired an attorney to represent him in the matter. The attorney performed some work and sent Respondent a bill. He was s,:tpri sed hv the amount of the bill and told the attorney of his concern. He never heard back from the attomey and did not pursue the money from Zaremba any further. When he filed for reinstatement, the attorney contacted the Lorain County Bar and reported that Respondent still owed her money. He has now settled with the attorney. { 8} From 2005 to 2007, Respondent established Sagamore Land Development Company in Lorain County. He worked as an independent consultant serving the Ohio oil and gas industry primarily in lease acquisitions. In 2007, he went to work for Kopf Builders as its sales manager in Aqua Marine, a mixed community of both condominium and apartment

complexes. In 2009, he worked for SmashTour.com, LLC, an online social media community dedicated to supporting and assisting working musicians. That company has now gone out of business because it could not compete with Sony Corporation's ReverbNation. { 9} Respondent is now seeking the privilege of practicing law again. The impetus for his petition for reinstatement is that his daughter is about to graduate from law school at the University of Georgia. Both his father and grandfather were lawyers, and he wants to remove the stain that his actions have caused on his family. November 30, 2011 Hearing Tr. at 40-41. { 10} At the original hearing before his suspension, Respondent denied any wrongdoing. At the hearing on his reinstatement, he acknowledged that he. deserved his suspension and took responsibility for his actions. ld. at 41,50, and 57. He still denies that he was the driving force behind the scheme that was involved previously, but he does admit that he was aware of it and participated in it. Id. at 70-74. He has expressed sincere contrition and has fully cooperated with Relator in his request for reinstatement. He has abided by the terms of his suspension, and he has met all the requirements for reinstatement. Friends and colleagues, who have known him for at4act tn hic annrl c.haracter and fitness, ye rs, -«.,,..._., a_ and thev support his return to the practice of law. Joint Ex. 2. RECOMMENDATION { 11} The petitioner requested that his reinstatement petition be granted and that he be reinstated to the practice of law. Neither Relator opposes his reinstatement. The panel recommends that the petition be granted and that Edward G. Rinderknecht be reinstated to the practice of law on the following conditions: (1) he be on probation for a period of two years, and

(2) the Lorain County Bar Association appoint a monitor to advise him on establishing a law practice, consult with him on a regular basis, and monitor his practice. BOARD RECOMMENDATION Pursuant to Gov. Bar R. V, Section 10(G)(5) and (6), the Board of Commissioners on Grievances and Discipline of the Supreme Court of Ohio considered this matter on February 10, 2012. The Board adopted the Findings of Fact, Conclusions of Law, and Recommendation of the panel and recommends that Respondent, Edward G. Rinderknecht, be reinstated to the practice of law in the State of Ohio on the conditions set forth in the panel report. The Board further recommends that the cost of these proceedings be taxed to Respondent in any disciplinary order entered, so that execution may issue. Pursuant to the order of the Board of Commissioners on Grievances and Discipline of the Supreme Court of Ohio, I hereby certify the foregoing Findings of Fact, Conclusions of Law, and Recommendation as those of the Board. 'Rr!'AAi3 A n r. Rrrretarc: Board of Commissioners on Grievances and Discipline of the Supreme Court of Ohio