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2008-0107. Cincinnati Bar Assn. v. Lawson, Slip Opinion No. 2008-Ohio-3340.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 07-010. Kenneth L. Lawson, Attorney Registration No. 0042468, is indefinitely suspended from the practice of law in Ohio.
Pfeifer, O'Connor, Lanzinger, and Cupp, JJ., concur.
Moyer, C.J., and Lundberg Stratton and O'Donnell, JJ., dissent.
Opinion: http://www.supremecourtofohio.gov/rod/docs/pdf/0/2008/2008-Ohio-3340.pdf
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(July 9, 2008) The Supreme Court of Ohio today indefinitely suspended the license of Cincinnati attorney Kenneth L. Lawson for multiple violations of state attorney discipline rules including accepting fee advances from more than a dozen clients but failing to make scheduled court appearances or file required pleadings in their cases and failing to refund his unearned legal fees to those clients.
The Court, which imposed an interim remedial suspension against Lawson in May 2007 based on evidence that his continued practice posed a substantial threat of harm to the public, also adopted findings by the Board of Commissioners on Grievances & Discipline that Lawson engaged in illegal conduct involving moral turpitude by using falsified prescriptions to support his addiction to the pain-killer Oxy-Contin over a period of several years, and engaged in conduct involving fraud, deceit, dishonesty or misrepresentation by making false statements to disciplinary authorities investigating his misconduct.
In a 4-3 per curiam opinion, the majority noted that in many prior cases the Court has disbarred attorneys who engaged in the types and volume of misconduct committed by Lawson, but cited his prior service to the Cincinnati community, his successful substance abuse treatment and demonstrated commitment to continuing sobriety, and numerous character references as mitigating factors in favor of limiting its sanction to an indefinite suspension from which Lawson could return to the practice of law if he maintains sobriety and meets other conditions for future reinstatement.
The majority opinion was joined by Justices Paul E. Pfeifer, Maureen O’Connor, Judith Ann Lanzinger and Robert R. Cupp. Chief Justice Thomas J. Moyer entered a dissent, joined by Justices Evelyn Lundberg Stratton and Terrence O’Donnell, stating that in light of the great number and severity of the rule violations found against Lawson, he should be permanently disbarred.
Contacts
Robert J. Hollingsworth, 513.852.8229, for the Cincinnati Bar Association.
David C. Greer, 937.223.3277, for Kenneth Lawson.