Court Disbars, Suspends Attorneys
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In separate disciplinary actions announced today, the Supreme Court of Ohio permanently disbarred Columbus attorney Charles M. Kiesling and suspended the law licenses of John C. Kealy of Cleveland and F. Benjamin Riek III of Shaker Heights for 18 months, with the final 12 months of those terms stayed on conditions.
2009-2037. Columbus Bar Assn. v. Kiesling, Slip Opinion No. 2010-Ohio-1555.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 08-057. Charles Mark Kiesling, Attorney Registration No. 0019576, 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/0/2010/2010-Ohio-1554.pdf 
(April 12, 2010) The Supreme Court of Ohio today permanently revoked the license of attorney C. Mark Kiesling of Columbus for engaging in multiple acts of professional misconduct in his dealings with five different clients. That misconduct included misappropriation of tens of thousands of dollars of funds held in trust for clients, neglect of clients’ legal matters, failing to respond to client inquiries and requests for documents, failing to pay or return funds in his possession to which clients were entitled, and making false and dishonest representations to clients about the status of their cases and disposition of their funds.
The Court unanimously adopted findings by the Board of Commissioners on Grievances & Discipline that in the cases of two different business clients, Kiesling received regular payments from those companies over a multi-year period to cover their payroll tax and workers’ compensation insurance obligations, and represented to the clients that he was making regular disbursements for those purposes when in fact he kept or spent large amounts of those funds himself. As a result of his dishonesty, one client was assessed by federal and state tax authorities for more than $100,000 in back taxes and penalties, and the other was assessed for $340,000 in delinquent taxes, penalties and interest.
Finding that Kiesling also failed to cooperate with disciplinary authorities or even file answers to the complaints against him, caused grave financial harm to multiple clients, failed to make restitution, and subsequently abandoned his law practice leaving scores of clients without access to important legal records and documents, the Court concurred with the disciplinary board’s recommendation that the only appropriate sanction for his misconduct was permanent disbarment.
Contacts
Bruce A. Campbell, 614.340.2053, for the Columbus Bar Association.
No current contact information available for C. Mark Kiesling.
2009-1535. Cleveland Metro. Bar Assn. v. Kealy, Slip Opinion No. 2010-Ohio-1554.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 08-075. John C. Kealy, Attorney Registration No. 0031331, is suspended from the practice of law in Ohio for 18 months, with 12 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/0/2010/2010-Ohio-1554.pdf
View oral argument video of this case.
(April 12, 2010) The law license of Cleveland attorney John C. Kealy has been suspended for 18 months, with the final 12 months stayed on conditions, for professional misconduct in his dealings with two different clients.
Tthe Court adopted findings by the Board of Commissioners on Grievances & Discipline that Kealy neglected the case of a client he represented in an auto accident case, resulting in a default judgment of more than $13,000 against his client. It also adopted the board’s findings that Kealy violated professional ethics canons when he and his wife obtained a $20,000 loan from a client who had given Kealy power of attorney over his affairs and named Kealy executor of his estate, and that Kealy committed additional violations when he concealed the existence of that loan after the client’s death by failing to include it in an inventory of the estate’s assets filed with the Cuyahoga County Probate Court.
In a 4-3 per curiam opinion, a majority of the Court concluded that while Kealy’s violations were “grievous,” the final 12 months of his suspension would be stayed based on the mitigating factors that he had practiced for 39 years without any prior disciplinary infractions, made full restitution for financial losses to others resulting from his actions, and over the past 25 years has provided pro bono legal services to a great number of low-income clients and otherwise been extremely active in volunteer work benefitting the community.
The majority opinion was joined by Justices Paul E. Pfeifer, Evelyn Lundberg Stratton, Terrence O’Donnell and Judith Ann Lanzinger.
Chief Justice Thomas J. Moyer entered a dissent, joined by Justices Maureen O’Connor and Robert R. Cupp, in which he wrote: “(D)ue to the dishonesty displayed by the respondent, he should serve a more severe suspension than that imposed by the majority. The mitigating factors in this case do not warrant modifying the board’s recommended sanction. I would therefore adopt the recommendation of the board and impose an 18-month suspension with six months stayed.”
Contacts
Robert J. Pollock, 216.348.5400, for the Cleveland Metropolitan Bar Association.
Leonard A. Spremulli, 216.831.4935, for John C. Kealy.
2009-2244. Disciplinary Counsel v. Riek, Slip Opinion No. 2010-Ohio-1556.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 09-010. F. Benjamin Riek III, Attorney Registration No. 0022703, is suspended from the practice of law in Ohio for 18 months, with 12 months stayed on condition.
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/0/2010/2010-Ohio-1556.pdf
(April 12, 2010) In a 7-0 decision announced today, The Supreme Court of Ohio imposed an 18 month suspension, with the final 12 months stayed on conditions, against the license of Shaker Heights attorney F. Benjamin Riek III.
The Court adopted findings by the Board of Commissioners on Grievances & Discipline that between June 2007 and May 2008, Riek commingled funds that he held in trust for clients with his own personal funds, and on several occasions overdrew his law office trust account while using funds from that account to pay personal expenses. The Court also adopted the disciplinary board’s finding that on one occasion in December 2007, Riek improperly used proceeds from a $10,000 settlement check he had accepted on behalf of a client to pay personal expenses, then issued a check to the client that was dishonored by the bank for lack of sufficient funds in his trust account, and falsely told the client that his check had been dishonored because the settlement check Riek had received from the opposing party had itself been dishonored for insufficient funds.
The Court agreed with the board’s conclusion that Riek’s conduct violated the state attorney discipline rules that prohibit conduct involving dishonesty, fraud, deceit or misrepresentation; and that require attorneys to segregate funds held for clients in a dedicated trust account, and to withdraw or disburse client funds held in a trust account only as compensation for legal work already performed or expenses already incurred on behalf of that client.
Contacts
Jonathan E. Coughlan, 614.461.0256, for the Office of Disciplinary Counsel.
F. Benjamin Riek III, pro se, 216.696.4240.
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