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Columbus Attorney Suspended

2009-2301.  Disciplinary Counsel v. Noel, Slip Opinion No. 2010-Ohio-2714.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 09-046.  Gerald Thomas Noel Jr., Attorney Registration No. 0063972, is suspended from the practice of law in Ohio for two years, with six months stayed on conditions.
Lundberg Stratton, O'Connor, Lanzinger, and Cupp, JJ., concur.
Pfeifer and O'Donnell, JJ., would suspend respondent from the practice of law in Ohio for two years but would stay18 months of the suspension.
Brown, C.J., not participating.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2010/2010-Ohio-2714.pdf Adobe PDF Link opens new window.

(June 17, 2010) The Supreme Court of Ohio today suspended the law license of Columbus attorney Gerald T. Noel Jr. for two years, with the final six months of that term stayed on conditions, for causing harm to two clients by neglecting their cases and then failing to cooperate with disciplinary authorities investigating the grievances filed against him by those clients.

The Court adopted findings by the Board of Commissioners on Grievances & Discipline that by failing to pursue one client’s appeal of  a federal criminal conviction or to file required discovery documents on behalf of a second client pursuing a personal injury suit, Noel’s neglect resulted in the dismissal of both clients’ cases, causing them significant harm. The Court agreed with the board’s conclusions that Noel’s acts and omissions violated, among others,  the state disciplinary rules that require an attorney to act with reasonable diligence in  representing a client and  to promptly return funds or property to which a client is entitled, and the rule that prohibits an attorney from engaging in conduct prejudicial to the administration of justice.

The Court also found that Noel’s failure to respond to multiple communications from the Columbus Bar Association and the Office of Disciplinary Counsel seeking information about his dealings with the two complaining clients violated both the professional conduct rule and state bar governance rules that require attorneys to cooperate fully with all disciplinary investigations.

The Court’s per curiam opinion was joined by Justices Evelyn Lundberg Stratton, Maureen O’Connor, Judith Ann Lanzinger and Robert R. Cupp.

Justices Paul E. Pfeifer and Terrence O’Donnell dissented, stating that they would impose a two-year license suspension but would stay the final 18 months of that term.

Chief Justice Eric Brown did not participate in the court’s deliberations or decision in this case.

Contacts
Jonathan E. Coughlan, 614.461.0256, for the Office of Disciplinary Counsel.

Gerald T. Noel Jr., pro se, 614.444.6635.

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