Northeast Ohio Attorneys Disbarred, Suspended
Please note: Opinion summaries are prepared by the Office of Public Information for the general public and news media. Opinion summaries are not prepared for every opinion released by the Court, but only for those cases considered noteworthy or of great public interest. Opinion summaries are not to be considered as official headnotes or syllabi of Court opinions. The full text of this and other Court opinions from 1992 to the present are available online from the Reporter of Decisions. In the Full Text search box, enter the eight-digit case number at the top of this summary and click "Submit."
In separate disciplinary actions announced today, the Supreme Court of Ohio disbarred Mayfield Heights attorney Brett M. Sabroff and suspended the licenses of attorneys Frank T. Ryan of Mentor and Frank J. Rozanc of Eastlake.
2009-0467. Disciplinary Counsel v. Sabroff, Slip Opinion No. 2009-Ohio-4205.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 08-074. Brett M. Sabroff, Attorney Registration No. 0018933, is permanently disbarred from the practice of law in Ohio.
Moyer, C.J., and Pfeifer, Lundberg Stratton, O'Connor, O'Donnell, Lanzinger, and Cupp, JJ., concur.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-4205.pdf
(Aug. 27, 2009) The Supreme Court of Ohio today permanently revoked the license of Mayfield Heights attorney Brett M. Sabroff for multiple violations of state attorney discipline rules including conversion of client funds in his possession that resulted in his conviction on a felony count of theft.
The Court adopted findings by the Board of Commissioners on Grievances & Discipline that Sabroff misappropriated clients’ funds; settled a client’s claim without her consent and then forged the client’s signature on the settlement check; failed to maintain client funds in his possession in a separate, dedicated trust account; practiced law while under suspension and failed to cooperate with disciplinary authorities investigating the complaints filed against him.
The Court agreed with the board’s findings that Sabroff violated, among others, the state attorney discipline rules that prohibit conduct involving fraud, deceit, dishonesty or misrepresentation; conduct prejudicial to the administration of justice; conduct that adversely reflects on an attorney’s fitness to practice; failure to maintain complete records and accounts of funds held for clients and failure to promptly pay or deliver funds in a lawyer’s possession to which a client is entitled.
In a 7-0 per curiam opinion imposing disbarment as the appropriate sanction for these offenses, the Court wrote: “Respondent’s misappropriation of his clients’ funds, his felony conviction, his dishonesty, his settlement of a personal-injury claim against the express instructions of his client, his forgery of a client’s signature on the settlement check, his practice of law with a suspended license, his failure to notify the municipal court of his disqualification from practice, his commingling of personal and client funds, his engagement in a pattern of misconduct, and his failure to cooperate in the disciplinary process demonstrate that he is no longer fit to practice law.”
Contacts
Jonathan E. Coughlan, 614.461.0256, for the Office of Disciplinary Counsel.
Brett M. Sabroff, pro se: No current contact information available.
2009-0393. Lake Cty. Bar Assn. v. Ryan, Slip Opinion No. 2009-Ohio-4232.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 08-039. Patrick T. Ryan, Attorney Registration No. 0022478, is suspended from the practice of law in Ohio for two years, with six months stayed on condition.
Pfeifer, Lundberg Stratton, O'Donnell, and Lanzinger, JJ., concur.
Moyer, C.J., and O'Connor and Cupp, JJ., dissent.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-4232.pdf
(Aug. 27, 2009) The Supreme Court of Ohio today suspended the license of Mentor attorney Patrick T. Ryan for two years, with the final six months of that term stayed on conditions, for neglecting the case of a client who was the plaintiff in a personal injury lawsuit. Ryan’s neglect resulted in the dismissal of his client’s claims for injuries and medical expenses estimated at between $75,000 and $150,000.
The Court adopted finding by the Board of Commissioners on Grievances & Discipline that Ryan, whose license has been under suspension since May 2006 for prior disciplinary and administrative infractions, violated the state disciplinary rules that prohibit neglect of an entrusted legal matter; conduct prejudicial to the administration of justice; failure to carry out a contract of professional employment; failure to disclose to a client that he was not covered by professional liability insurance and intentionally causing damage or prejudice to a client.
Justices Paul E. Pfeifer, Evelyn Lundberg Stratton, Terrence O’Donnell and Judith Ann Lanzinger voted to adopt the disciplinary board’s recommended sanction of a two-year license suspension with six months stayed. Chief Justice Thomas J. Moyer entered a dissent, joined by Justices Maureen O’Connor and Robert R. Cupp, stating that in light of Ryan’s disciplinary history and egregious neglect of his client’s legal interests in this case, he would impose an indefinite license suspension.Contacts
James P. Koerner, 440.352.8500, for the Lake County Bar Association.
Patrick D. Quinn, 216.289.7600, for Patrick T. Ryan.
2009-0679. Lake Cty. Bar Assn. v. Rozanc, Slip Opinion No. 2009-Ohio-4207.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 08-033. Frank J. Rozanc, Attorney Registration No. 0047173, is suspended from the practice of law in Ohio for one year, with six months stayed on conditions.
Moyer, C.J., and Pfeifer, Lundberg Stratton, O'Connor, O'Donnell, Lanzinger, and Cupp, JJ., concur.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-4207.pdf
(Aug. 27, 2009) The law license of Eastlake attorney Frank R. Rozanc has been suspended for one year with the final six months stayed on conditions.
In a 7-0 per curiam decision announced today, the Supreme Court of Ohio adopted findings by the Board of Commissioners on Grievances & discipline that Rozanc accepted a fee advance of $500 from a client to assist with administration of the estate of the client’s recently deceased mother, but failed to take any of the required actions or make any court filings to initiate the probate process for more than four months. The court also found that Rozanc failed to respond to his client’s repeated requests for information about the status of the case, and subsequently made no response to demands by the client and a successor attorney for the return of the mother’s will and a refund of the unearned fee advance.
The Court agreed with the board’s findings that Rozanc violated the rules of professional conduct that require an attorney to act with reasonable diligence and promptness in representing a client, and
require an attorney to keep a client reasonably informed about the status of a legal matter and to respond promptly to requests for information from a client.
Contacts
James P. Koerner, 440.352.8500, for the Lake County Bar Association.
Frank R. Rozanc, pro se: No current phone contact information available.
