CINCINNATI BAR ASSOCIATION v. STATZER., 101 Ohio St. 3d 14

Summary

The panel dismissed two counts against the attorney. The first alleged that, to avoid discipline, the attorney induced her former legal assistant to execute a false affidavit. The second count alleged that the attorney knew but did not report to the bar association that a former associate had induced the same legal assistant to provide false testimony. The panel determined that the legal assistant lacked credibility. The panel also found that the attorney's counsel had sufficiently reported to the bar that the attorney had knowledge of the former associate's misconduct. However, the panel found the attorney improperly deposed her former legal assistant in that she suggestively displayed cassettes with the intent to mislead the legal assistant in violation of Ohio Code Prof. Resp. DR 1-102(A)(4) and Ohio Code Prof. Resp. DR 7-106(C)(1). The court agreed with each of the panel's determinations. However, it found there were mitigating factors for which the board did not account. On the ...