Summary
failing to preserve the identity of funds and property of a client; conduct involving dishonesty, fraud, deceit or misrepresentation
Summary of this case from In re Application of CorriganOpinion
No. 89-659
Submitted May 31, 1989 —
Decided July 26, 1989.
Attorneys at law — Misconduct — Indefinite suspension — Failure to account for or deposit into partnership account fees from clients.
ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 88-60.
In a complaint filed on December 21, 1988, relator, Disciplinary Counsel, charged that respondent, Harry D. Bussinger, a.k.a. H. Donald Bussinger, had violated DR 1-102(A)(4) (engaging in conduct involving dishonesty, fraud, deceit or misrepresentation) and 9-102(A) and (B) (failing to preserve the identity of funds and property of a client). Respondent did not answer these charges, and relator filed a motion for a default order.
A hearing panel of the Board of Commissioners on Grievances and Discipline of the Supreme Court ("board") found that while respondent was employed as an associate by the law firm of Kennedy, Purdy, Hoeffel Gernert, from November 1986 until May 31, 1988, he failed to account for or deposit into the partnership account fees from at least nine separate transactions totaling an amount slightly under $3,000. The panel further found that respondent agreed to repay the firm, but had made only several small repayments thus far.
Finally, the panel noted that respondent had advised relator of his continuing alcohol problem.
The panel concluded that respondent had violated DR 1-102(A)(4), but that a violation of DR 9-102 had not been proven. The panel recommended that relator's motion for default be granted and that respondent be indefinitely suspended from the practice of law.
On April 20, 1989, the board adopted the findings and recommendation of the panel, and recommended that respondent be indefinitely suspended from the practice of law and that costs be taxed to the respondent.
On April 21, 1989, we issued an order to respondent to show cause why the recommendation of the board should not be confirmed. Respondent did not file objections to the recommendation.
J. Warren Bettis, disciplinary counsel, and Karen B. Hull, for relator.
We concur with the board's findings and recommendation. Respondent is hereby ordered indefinitely suspended from the practice of law in Ohio. Costs taxed to respondent.
Judgment accordingly.
MOYER, C.J., SWEENEY, HOLMES, DOUGLAS, WRIGHT, H. BROWN and RESNICK, JJ., concur.