Court Disbars, Suspends Attorneys
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In separate disciplinary actions announced today, the Supreme Court of Ohio permanently disbarred Fairview Park attorney John P. Hildebrand Jr. and suspended the license of Boardman attorney Michael A. Sakmar.
2010-1199. Cleveland Metro. Bar Assn. v. Hildebrand, Slip Opinion No. 2010-Ohio-5712.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 09-071. John Patrick Hildebrand Jr., Attorney Registration No. 0068874, is permanently disbarred from the practice of law in Ohio.
Brown, C.J., and Pfeifer, Lundberg Stratton, O'Connor, Lanzinger, and Cupp, JJ., concur.
O'Donnell, J., dissents and would indefinitely suspend the respondent from the practice of law in Ohio.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2010/2010-Ohio-5712.pdf
(Dec. 1, 2010) The Supreme Court of Ohio today permanently revoked the law license of attorney John P. Hildebrand Jr. of Fairview Park for professional misconduct in his dealings with three different clients and for making false statements and otherwise failing to cooperate with disciplinary authorities during their investigation of the grievances filed against him.
In a 7-0 per curiam opinion, the Court adopted findings by the Board of Commissioners on Grievances & Discipline that Hildebrand accepted fee advances from each of the complaining clients but failed to perform promised legal work, ignored multiple inquiries by the clients for information about their cases and refused to return the clients’ files or refund their fee advances despite repeated requests to do so.
The Court affirmed the board’s findings that Hildebrand violated, among others, the state disciplinary rules that require attorneys to act with reasonable diligence in representing a client, keep clients reasonably informed about the status of legal matters, promptly deliver funds or other property that a client is entitled to receive and cooperate fully with all disciplinary investigations. Noting that Hildebrand’s law license is already under an administrative suspension for failure to comply with biennial attorney registration requirements, and finding no mitigating factors, the Court concluded that his acceptance of client retainers and failure to perform the work for which he was paid constituted theft of client funds, for which the presumptive penalty is disbarment.
Contacts
Rebecca Haverstick, 216.479.8500, for the Metropolitan Cleveland Bar Association.
John P. Hildebrand Jr., pro se, 440.333.3100.
2010-1201. Mahoning Cty. Bar Assn. v. Sakmar, Slip Opinion No. 2010-Ohio-5720.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 09-080. Michael A. Sakmar, Attorney Registration No. 0062443, is suspended from the practice of law in Ohio for two years, with one year stayed on condition, and probation imposed.
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-5720.pdf
(Dec. 1, 2010) The law license of Boardman attorney Michael A. Sakmar has been suspended for two years, with the second year of that term stayed on conditions, for being tardy and/or failing to appear for scheduled proceedings before the Youngstown Municipal Court on multiple occasions over a two-year period.
In today’s 7-0 per curiam decision, the Supreme Court noted that Sakmar’s pattern of unprofessional conduct had resulted in multiple citations for contempt of court, and on one occasion caused the municipal court to issue a bench warrant for his arrest. The Court adopted findings by the Board of Commissioners on Grievances & Discipline that Sakmar’s acts and omissions violated, among others, the state rules of professional conduct that require an attorney to act with reasonable diligence in representing a client and to cooperate with a disciplinary investigation, and that prohibit an attorney from engaging in undignified or discourteous conduct that is degrading to a tribunal, conduct that is prejudicial to the administration of justice, and conduct that adversely reflects on the lawyer’s fitness to practice law.
In light of Sakmar’s multiple incidents of misconduct and his failure to respond to the disciplinary complaint filed against him or cooperate with disciplinary authorities, the Court imposed a two-year license suspension with the final 12 months stayed on the conditions that he commit no further violations, complete two years of monitored probation upon returning to the practice of law, and complete eight hours of continuing legal education in law-office management in addition to the normal continuing-legal-education requirements of Gov.Bar R. X applicable to all Ohio attorneys.
Contacts
Ronald Slipski, 330.797.0086, for the Mahoning County Bar Association.
Michael A. Sakmar, pro se, 330.297.3453.
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