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In separate disciplinary actions announced today, the Supreme Court of Ohio has indefinitely suspended the law licenses of attorneys John R. Tomlan of St. Clairsville and Brian P. Higgins of Lakewood.
2007-1595. Disciplinary Counsel v. Tomlan, Slip Opinion No. 2008-Ohio-1471.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 06-079. John Richard Tomlan, Attorney Registration No. 0007449, is indefinitely suspended from the practice of law in Ohio.
Moyer, C.J., and Lundberg Stratton, O'Donnell, and Cupp, JJ., concur.
Pfeifer, O'Connor, and Lanzinger, JJ., dissent and would permanently disbar the respondent.
Opinion: http://www.supremecourtofohio.gov/rod/docs/pdf/0/2008/2008-Ohio-1471.pdf
(April 3, 2008) The Supreme Court of Ohio today suspended the law license of St. Clairsville attorney John R. Tomlan for multiple violations of state attorney discipline rules arising from his transfer without informed consent of a client’s assets valued at more that $1.4 million from the sole custody of an elderly client into joint and survivorship accounts payable to Tomlan after the client’s death. The Court also found that, after the client’s death, Tomlan unduly delayed performance of his duties as executor of her estate and concealed estate proceeds that were in his possession.
In today’s 4-3 per curiam decision, the Court adopted findings by the Board of Commissioners on Grievances & Discipline that Tomlan’s conduct violated, among others, the state disciplinary rules that bar an attorney from engaging in conduct prejudicial to the administration of justice; engaging in conduct involving fraud, deceit, dishonesty or misrepresentation; and accepting employment without proper disclosure to the client that his own financial interests were likely to conflict with his exercise of professional judgment on the client’s behalf.
The majority opinion was joined by Chief Justice Thomas J. Moyer and Justices Evelyn Lundberg Stratton, Terrence O’Donnell and Robert R. Cupp. Justice Stratton also entered a separate concurrence, joined by Justice O’Donnell, stating that she would include in the Court’s disciplinary order a requirement that Tomlan fully reimburse his deceased client’s estate for all monies derived from the client’s assets that Tomlan was permitted to retain in a civil settlement. Justices Paul E. Pfeifer, Maureen O’Connor and Judith Ann Lanzinger dissented, indicating that they would permanently disbar Tomlan for his misconduct.
Contacts
Jonathan Coughlan, 614.461.0256, for the Office of Disciplinary Counsel.
Stuart G. Parsell, 614.365.9900, for John R. Tomlan.
2007-1953. Disciplinary Counsel v. Higgins, Slip Opinion No. 2008-Ohio-1509.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 07-046. Brian Patricc Higgins, Attorney Registration No. 0075652, is indefinitely suspended from the practice of law in Ohio.
Moyer, C.J., and Lundberg Stratton, O'Connor, O'Donnell, Lanzinger, and Cupp, JJ., concur.
Pfeifer, J., dissents and would permanently disbar the respondent.
Opinion: http://www.supremecourtofohio.gov/rod/docs/pdf/0/2008/2008-Ohio-1509.pdf
(April 3, 2008) The license of Lakewood attorney Brian P. Higgins, which is currently under administrative suspensions, was placed under an indefinite disciplinary suspension by the Supreme Court of Ohio today for professional misconduct arising from Higgins’ acceptance of legal employment and fees from a client while he was barred from the practice of law by his earlier suspensions.
The Court adopted findings by the Board of Commissioners on Grievances & Discipline that, in addition to practicing while under suspension, Higgins also violated other attorney discipline rules in the course of that representation by failing to disclose his suspensions to the client, neglecting the client’s case and failing to cooperate with disciplinary authorities investigating the grievance filed against him. Justice Paul E. Pfeifer dissented from the Court’s 6-1 per curiam decision, indicating that he would permanently disbar Higgins for his misconduct.
Contacts
Philip A. King, 614.461.0256, for the Office of Disciplinary Counsel.
Brian P. Higgins: 216.227.6789.