Reinstatement for One
Oscar Trivers of Cleveland has been reinstated to the practice of law. In 2009, Trivers was suspended for one year, with six-months stayed, for abusing his notary power and being present when another party created a fraudulent document. Ohio State Bar Assn. v. Trivers,
2009-Ohio-5285. In 2012, he consented to suspension for another two years, with one-year stayed, for accepting fee advances to represent clients in several Chapter 13 bankruptcy cases, failure to file required documents, failure to appear at scheduled court hearings, and otherwise failing to provide competent representation to his clients. The list of Rule violations includes:
- 8.4(d) (engaging in conduct that is prejudicial to the administration of justice)
- 8.4(h) (engaging in conduct that adversely reflects on the lawyer’s fitness to practice law)
- 1.1 (competent representation)
- 1.3 (act with reasonable diligence)
- 3.1 (bringing proceeding unsupported by law or lacks good-faith argument for extension, modification, or reversal of existing law
- 8.4(a) (violating or attempting to violate the Ohio Rules of Professional Conduct)
While reinstated, Trivers remains on probation for a period of one year. Ohio State Bar Assn. v. Trivers, 2014-Ohio-3945.
Suspension for Two
Two Ohio attorneys face indefinite suspension for their failure to respond to formal complaints and show cause orders. Derek Wayne Marsteller of Huntington West Virginia (Disciplinary Counsel v. Marsteller, 2014-Ohio-3796) and Ronald Eugene Seibel of Loveland, Ohio (Cincinnati Bar Assn. v. Seibel, 2014-Ohio-3795). Both failed to respond to formal complaints filed by the Board of Commissioners on Grievances and Discipline. As a result, the Board filed certification of defaults and the Supreme Court imposed interim default judgments pursuant to Gov.Bar. R. V(6a)(B)(1). The Supreme Court then ordered each attorney to show cause to why the interim default judgment suspension should not be converted into an indefinite suspension. When the Court received no objections, each attorney was indefinitely suspended from the practice of law.
Immediate suspension is not a rare sanction for failure to respond. Read my post You Can Run, But You Can’t Hide: Suspension May Result from Failing to Respond to Disciplinary Complaints to learn more about why you should respond to disciplinary complaints.