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2008-0423. Akron Bar Assn. v. Catanzarite, Slip Opinion No. 2008-Ohio-4063.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 06-085. Jeffrey A. Catanzarite, Attorney Registration No. 0015203, is suspended from the practice of law in Ohio for one year, with six months stayed on conditions, and probation imposed.
Moyer, C.J., and Pfeifer, O'Connor, Lanzinger, and Cupp, JJ., concur.
Lundberg Stratton and O'Donnell, JJ., dissent.
Opinion: http://www.supremecourtofohio.gov/rod/docs/pdf/0/2008/2008-Ohio-4063.pdf
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(Aug. 14, 2008) The Supreme Court of Ohio today suspended the license of Akron attorney Jeffrey A. Catanzarite for one year, with the final six months of that term stayed on conditions, for charging two prospective clients a clearly excessive fee, suing those clients for an amount he knew he had not earned and later attempting to intimidate the attorney representing the Akron Bar Association in disciplinary proceedings against him. The Court’s 5-2 majority decision was authored by Chief Justice Thomas J. Moyer.
The Court adopted findings by the Board of Commissioners on Grievances & Discipline that, after spending approximately two hours consulting with two business partners who were considering retaining him to resolve a dispute with another former partner, Catanzarite called them repeatedly seeking payment, sent them a bill for $5,000, and subsequently filed a breach of contract lawsuit alleging that they had agreed to pay him that amount. After Catanzarite settled the suit for $300, the partners filed a disciplinary complaint against him with the Akron Bar Association.
In the course of that disciplinary investigation, the Court found that Catanzarite attempted to intimidate the attorney representing the bar association by sending him a copy of a letter that Catanzarite implied he had filed with the Office of Disciplinary Counsel alleging unethical conduct by that attorney.
The Court majority adopted the disciplinary board’s recommendation that Catanzarite’s misconduct and continuing failure to acknowledge the wrongfulness of his actions merited an actual suspension from practice. The Court conditioned its stay of the final six months of suspension and subsequent reinstatement of Catanzarite’s license on his completion of a period of probation under the supervision of a monitoring attorney appointed by the Akron Bar Association and his compliance with the terms of a contract with the Ohio Lawyers Assistance Program.
The majority decision was joined by Justices Paul E. Pfeifer, Maureen O’Connor, Judith Ann Lanzinger and Robert R. Cupp.
Justice Terrence O’Donnell entered a dissent, joined by Justice Evelyn Lundberg Stratton, stating that in his view the dispute between Catanzarite and the prospective clients was a matter of miscommunication over fees. In light of Catanzarite’s 28 years of practice without any prior disciplinary violations, and the safeguards provided by a period of supervised probation and a contract with the Lawyers Assistance Program, Justice O’Donnell wrote that he would impose a one-year license suspension with the entire term stayed on the same conditions set forth in the majority opinion.
Contacts
Alfred E. Schrader, 330.762.0765, for the Akron Bar Association.
Jeffrey A. Catanzarite, pro se: 330.867.4901.