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Two Attorneys Suspended from Practice

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In separate disciplinary actions announced today, the Supreme Court of Ohio suspended the licenses of attorneys Jane M. Grote of Cincinnati and Rita R. Johnson of University Heights.

2010-0737.  Cincinnati Bar Assn. v. Grote, Slip Opinion No. 2010-Ohio-4833.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 09-054.  Jane M. Grote, Attorney Registration No. 0000745, is indefinitely suspended from the practice of law in Ohio.
Brown, 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-4833.pdf Adobe PDF Link opens new window.

(Oct. 7, 2010) The Supreme Court of Ohio has imposed an indefinite suspension against the law license of Cincinnati attorney Jane Marie Grote for neglecting a divorce action for which she accepted a fee advance from a client; failing to deposit the fee advance in a dedicated trust account; failing to respond to multiple follow-up inquiries from the client over a period of more than a year; and failing to notify her client that she was not covered by malpractice insurance.

In a 7-0 per curiam decision, the Court adopted findings by the Board of Commissioners on Grievances & Discipline that Grote’s conduct violated multiple provisions of the Rules of Professional Conduct.  In imposing an indefinite suspension as the appropriate sanction for those violations, the Court cited the aggravating factors that Grote has been disciplined for professional misconduct on two prior occasions, and that her client suffered significant harm through her husband’s stripping of marital assets while Grote did nothing to protect the client’s interests.

Contacts
Richard J. Goldberg, 513.321.2662, for the Cincinnati Bar Association.

Jane M. Grote, pro se, 513.241.3993.

2010-0693.  Cleveland Metro. Bar Assn. v. Johnson, Slip Opinion No. 2010-Ohio-4832.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 09-039.  Rita R. Johnson, Attorney Registration No. 0065959, is suspended from the practice of law in Ohio for one year, with six months stayed on conditions.
Brown, 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-4832.pdf Adobe PDF Link opens new window.

Video clip View oral argument video of this case.

(Oct. 7, 2010) The license of University Heights attorney Rita R. Johnson has been suspended for one year, with the final six months of that term stayed on conditions, for neglecting two different legal matters entrusted to her by clients.  

In the first case, Johnson agreed to defend a husband and wife and their business against a civil suit that had been filed against them, but subsequently failed to appear at scheduled pretrial proceedings, depose witnesses, comply with discovery requests or respond to a motion for default judgment by the opposing party. As a result of her neglect, a civil judgment of $331,000 was awarded against her clients. 

In the second case, Johnson filed a civil suit against the city of Cleveland on behalf of a client but failed to take necessary actions to prosecute the case, resulting in dismissal of her client’s complaint without prejudice. After Johnson withdrew as counsel in the case, she failed to notify her client that the court had set a time limit for re-filing the complaint, and the client’s claim was subsequently dismissed with prejudice when it was not refiled before the deadline.

In today’s 7-0 per curiam decision, the Court adopted findings by the disciplinary board that Johnson violated provisions of the Code of Professional Responsibility that prohibit an attorney from neglecting entrusted legal matters, failing to provide competent representation, disobeying an obligation under the rules of a tribunal and failing to take reasonable steps to protect a client’s interests upon termination of representation.

Contacts
Timothy A. Marcovy, 216.241.7740, for the Cleveland Metropolitan Bar Association.

Rita R. Johnson, pro se, 216.475.6073.

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