Supreme Court of Ohio

Opinion Summaries

Two Cleveland-Area Attorneys Suspended by Supreme Court

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In separate disciplinary actions announced today, the Supreme Court of Ohio imposed license suspensions against attorneys Howard V. Mishler of Westlake and Luann Mitchell of Cleveland.

2007-0344.  Cleveland Bar Assn. v. Mishler, Slip Opinion No. 2008-Ohio-1810.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 05-040.  Howard V. Mishler, Attorney Registration No. 0007281, is suspended from the practice of law in Ohio for two years, with one year stayed on conditions, and probation imposed.
Moyer, C.J., and Pfeifer, Lundberg Stratton, O'Connor, O'Donnell, Lanzinger, and Cupp, JJ., concur.
Opinion: http://www.supremecourtofohio.gov/rod/docs/pdf/0/2008/2008-Ohio-1810.pdf

(April 23, 2008)The license of Westlake attorney Howard V. Mishler has been suspended for two years, with the second year of that term stayed on conditions, for multiple violations of state attorney discipline rules in his representation of a client in an employment discrimination case.

The Court adopted findings by the Board of Commissioners on Grievances & Discipline that Mishler committed professional misconduct by accepting a settlement in the case without his client’s knowledge or consent, obtaining the proceeds of the settlement by means of a forged client endorsement on the settlement check, charging the client excessive fees and failing to keep proper records accounting for unearned client funds in his possession.

Contacts

Robert Hanna, 216.592.5000, for the Cleveland Bar Association.

Lester Potash, 216.771.8400, for Howard V. Mishler.

2007-1581.  Cleveland Bar Assn. v. Mitchell, Slip Opinion No. 2008-Ohio-1822.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 06-007.  Luann Mitchell, Attorney Registration No. 0007205, is suspended from the practice of law in Ohio for 18 months, with 12 months stayed on conditions, and probation imposed.
Moyer, C.J., and Pfeifer, Lundberg Stratton, O'Connor, O'Donnell, and Cupp, JJ., concur.
Lanzinger, J., concurs in judgment only.
Opinion: http://www.supremecourtofohio.gov/rod/docs/pdf/0/2008/2008-Ohio-1822.pdf

(April 23, 2008)The Supreme Court of Ohio has suspended the license of Cleveland attorney Luann Mitchell for 18 months, with 12 months of that term stayed on conditions, for professional misconduct arising from her actions as court-appointed guardian of an elderly Medicaid client whose benefits were terminated by the former Ohio Department of Human Services (ODHS).

The Court agreed with findings by the Board of Commissioners on Grievance & Discipline that Mitchell violated multiple provisions of the Code of Professional Responsibility when she deceptively claimed reimbursement from ODHS for alleged client expenses that she could not substantiate, and subsequently filed a series of illegitimate lawsuits against the department and falsified evidence regarding her client’s alleged expenses in an effort to conceal the discrepancy.

Contacts

Sheila A. McKeon,  419.241.4860, for the Cleveland Bar Association.

Luann Mitchell, pro se: 216.486.0024.


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