Court Disbars, Suspends Attorneys
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In separate disciplinary actions announced today, the Supreme Court of Ohio permanently disbarred Westlake attorney Howard Mishler and suspended the license of Norwalk attorney Thomas J. Stoll.
2010-0908. Cleveland Metro. Bar Assn. v. Mishler, Slip Opinion No. 2010-Ohio-5987.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 08-087. Howard Mishler, Attorney Registration No. 0007281, is permanently disbarred 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-5987.pdf
(Dec. 14, 2010) The Supreme Court of Ohio today permanently revoked the law license of attorney Howard Mishler of Westlake for multiple violations of the Code of Professional Responsibility and Rules of Professional Conduct.
In a 7-0 per curiam opinion, the Court adopted findings by the Board of Commissioners on Grievances & Discipline that Mishler, whose license has been under suspension since April 2008 for prior acts of misconduct, committed more than 50 violations of state attorney discipline rules in his dealings with several different clients.
The Court affirmed the board’s findings that in one case in which he was retained by three siblings to probate their father’s will, Mishler falsely advised the probate court that the father had died intestate and proceeded to collect more than $60,000 in fees from the heirs and deductions from the estate over a four-year period while refusing to provide his clients with a full accounting of the estate assets or to distribute the proceeds to them. In a second case, the Court adopted the board’s finding that Mishler advised a client to give Mishler $600 from his $2,000 monthly pension checks to place “in escrow” every month for more than five years while Mishler allegedly pursued a lawsuit on the client’s behalf to increase his pension. When the client later learned that Mishler’s law license had been suspended and the lawsuit he was supposed to be pursuing on behalf of the client had been dismissed, the client demanded but never received any of the estimated $36,000 he had given Mishler to hold in escrow.
The Court adopted the board’s conclusions that these and other acts of misconduct by Mishler violated, among others, the state disciplinary rules that prohibit an attorney from charging an illegal or clearly excessive fee, intentionally damaging a client in the course of a professional relationship, knowingly making false statements of law or fact, engaging in conduct involving fraud, deceit, dishonesty or misrepresentation, engaging in conduct prejudicial to the administration of justice, and engaging in conduct that reflects adversely on the attorney’s fitness to practice law.
Contacts
Robert Hanna, 216.592.5000, for the Metropolitan Cleveland Bar Association.
Howard Mishler pro se, 440.333.3100.
2010-1217. Erie-Huron Grievance Commt. v. Stoll, Slip Opinion No. 2010-Ohio-5985.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 09-085. Thomas John Stoll, Attorney Registration No. 0064191, is suspended from the practice of law in Ohio for two years, with one year 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-5985.pdf
(Dec. 14, 2010) The law license of attorney Thomas J. Stoll of Norwalk has been suspended for two years, with the second year of that term stayed on conditions, for failing to file necessary documents in more than 20 probate and guardianship cases in which he represented clients before the Huron County Probate Court despite repeated requests from his clients and from the court to do so.
In today’s 7-0 per curiam decision, the Supreme Court adopted findings by the Board of Commissioners on Grievances & Discipline that in each case Stoll’s conduct violated the disciplinary rule that prohibits an attorney from neglecting a legal matter entrusted to him.
As the appropriate sanction for this misconduct, the Court imposed a two-year license suspension with the final 12 months stayed on the conditions that Stoll will be eligible for reinstatement only upon (1) providing medical evidence establishing his ability to ethically and competently practice law, (2) maintaining his contract with the Ohio Lawyers Assistance Program, and (3) serving a two-year probation period after reinstatement with a monitor selected by the local bar association grievance committee.
Contacts
Richard Hauser, 419.935.1681, for the Erie-Huron Grievance Committee.
Thomas J. Stoll, pro se, 419.660.9138.
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