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Akron Law Review

Legal Ethics and Professional Responsibility

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 …


Lawyer Discipline In Ohio During The 1980'S: A Decade Of Progress?, Stanley A. Samad Jul 2015

Lawyer Discipline In Ohio During The 1980'S: A Decade Of Progress?, Stanley A. Samad

Akron Law Review

Through a series of articles, the author has traced the development of lawyer discipline in Ohio since 1967, with special emphasis on the decade of the 1980's.

This article is intended as an evaluation of the progress in lawyer discipline in Ohio during that decade. The norms for evaluation are the standards for lawyer discipline established by the American Bar Association (ABA) substantively and procedurally. Substantively, the "law of lawyering" appears primarily (although not exclusively) through either the 1969 ABA Model Code of Professional Responsibility (CPR), or the 1983 ABA Model Rules of Professional Conduct and Responsibility (RPC). Procedurally, the …