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State and Local Government Law

Akron Law Review

Journal

2015

ABA Standards

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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 …