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The True Story Of Lawyer Discipline In Ohio: 1967-1983, Stanley A. Samad Jul 2015

The True Story Of Lawyer Discipline In Ohio: 1967-1983, Stanley A. Samad

Akron Law Review

Ohio is pointed out as among a small minority of states (three) that "still uses procedures identified in the Clark Report . . . as fostering abuse." Although overdrawn, their criticism is not unfair, if the Clark Report's recommendations and the ABA Standards are accepted as norms. For, the investigative and prosecutorial ("relatorship") functions are highly decentralized in Ohio. Moreover, Ohio differs markedly from the ABA Standards with regard to several fundamental conceptions of sanctions, namely in Ohio's "permanent disbarment," irrevocable voluntary resignation, and "indefinite suspension." Further, Ohio has failed to avail itself of several other useful sanctions that help …


Lawyer Discipline In Ohio, 1988: Some Observations, Stanley A. Samad Jul 2015

Lawyer Discipline In Ohio, 1988: Some Observations, Stanley A. Samad

Akron Law Review

Table I summarizes the disposition of disciplinary cases reaching the Supreme Court of Ohio for final action in 1988, and eight earlier years. This note discusses the volume of activity during 1988 compared with earlier years, the sanctions that were given, and rule changes affecting discipline. It comments on the types of offenses and the shortfall of Ohio's disciplinary system as measured by the American Bar Association Standards for Lawyer Discipline and Disability Proceedings (hereinafter "ABA Standards"). It recommends a further change in the rules.