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Akron Bar Ass'n v. Ritch
Citations: 91 Ohio St. 3d 71; 741 N.E.2d 887Docket: No. 00-1139
Court: Ohio Supreme Court; February 6, 2001; Ohio; State Supreme Court
In late 1997, attorney Michael E. Ritch was assessed by St. Thomas Hospital's crisis center in Akron, Ohio, as likely suffering from cocaine and alcohol addiction. Between November and December 1997, Ritch provided approximately $300 daily to his friend Anthony Mclvery for crack cocaine, using funds from clients he represented, including Mclvery himself, with whom he had a real estate transaction. Ritch deposited a $7,912.04 check from Mclvery's house closing into his IOLTA trust account, claiming a $750 legal fee, with the remainder supposed to be returned to Mclvery. Mclvery later requested the proceeds, but Ritch falsely claimed he had repaid him in full. Mclvery testified that he was not informed Ritch was using the funds for drugs and believed Ritch had connections to procure drugs for him. On June 2, 2000, a panel found Ritch violated several Disciplinary Rules, including converting client funds for personal use, issuing insufficient funds checks, and failing to maintain accurate records. Specific violations included DR 1-102(A)(1) (violating Disciplinary Rules), DR 1-102(A)(3) (engaging in illegal conduct), DR 1-102(A)(4) (dishonesty), and DR 9-102(B)(3) and (4) (failing to maintain records and promptly deliver funds). Additionally, Ritch refused to return a client's legal files, violating DR 2-110(A)(2) regarding withdrawal from employment. The board upheld the panel's findings and recommended an indefinite suspension retroactive to December 4, 1998, when Ritch achieved sobriety. Ritch had reported his misconduct to the Akron Bar Association in October 1998, underwent intensive outpatient therapy, and engaged with the Ohio Lawyers Assistance Program and Alcoholics Anonymous. Ultimately, the court adopted the board's recommendations, imposing an indefinite suspension from practicing law in Ohio, retroactive to September 3, 1999, when Ritch became inactive, with costs taxed to him. Chief Justice Moyer and Justices Douglas, Resnick, Sweeney, Pfeifer, and Lundberg Stratton concurred, while Justice Cook dissented. Michael L. Robinson represented the relator, and Michael Drain represented Ritch.