Supreme Court Disbars Lebanon Attorney, Suspends Licenses of Two Others
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In separate disciplinary actions announced today, the Supreme Court of Ohio permanently disbarred Lebanon attorney Bernard S. Marshall Jr. and imposed license suspensions against attorneys Sherry D. Davis of Waverly and Bartley J. Troy of Mentor.
2008-1737. Warren Cty. Bar Assn. v. Marshall, Slip Opinion No. 2009-Ohio-501.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 07-090. Bernard Sanford Marshall Jr., Attorney Registration No. 0067838, is permanently disbarred from the practice of law in Ohio.
Moyer, C.J., and Pfeifer, Lundberg Stratton, O'Connor, O'Donnell, Lanzinger, and Cupp, JJ., concur.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-501.pdf 
(Feb. 12, 2009) The Supreme Court of Ohio today permanently revoked the license of attorney Bernard S. Marshall Jr. of Lebanon based on findings that he neglected legal matters entrusted to him by two different clients, intentionally failed to carry out contracts of employment for which he had accepted fee advances, and failed to respond to repeated inquiries from disciplinary authorities investigating his misconduct.
In imposing the ultimate sanction of disbarment, the Court noted that Marshall’s license had been suspended on two prior occasions for professional misconduct. In a 7-0 per curiam opinion, the Court held that “Respondent’s repeated neglect of his clients’ legal matters, his acceptance of a retainer while failing to carry out the representation, his prior disciplinary violations resulting in suspensions from the practice of law, his dishonesty, his engagement in a pattern of misconduct, and his failure to cooperate in the disciplinary process demonstrate that he is no longer fit to practice law.”
Contacts
John S. Mengle, 513.032.2047, for the Warren County Bar Association.
Bernard S. Marshall, no telephone contact information available.
2008-1729. Disciplinary Counsel v. Davis, Slip Opinion No. 2009-Ohio-500.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 07-074. Sherry Darlene Davis, Attorney Registration No. 0068036, is suspended from the practice of law in Ohio for two years, with one year stayed on conditions.
Moyer, C.J., and Pfeifer, Lundberg Stratton, O'Connor, O'Donnell, Lanzinger, and Cupp, JJ., concur.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-500.pdf
(Feb. 12, 2009) The law license of Waverly attorney Sherry D. Davis has been suspended by the Supreme Court of Ohio for two years, with the second year of that term stayed on conditions. The Court adopted findings by the Board of Commissioners on Grievances & Discipline that Davis failed to notify a client’s insurer that she had accepted a settlement from another insurance company on his behalf, causing the client’s own insurer to deny his claim for underinsured motorist coverage to which he was otherwise entitled. Davis then engaged in a multi-year course of false and misleading communications to her client misrepresenting the status of his denied claim, including the fabrication of fraudulent documents, in an effort to prevent the client from discovering the harm she had caused him.
The Court found that Davis’ actions violated, among others, the state attorney discipline rules that prohibit conduct involving fraud, deceit, dishonesty or misrepresentation; conduct that adversely reflects on the attorney’s fitness to practice law; failure to seek a client’s legal objectives and intentionally causing damage or prejudice to a client.
Contacts
Jonathan Coughlan, 614.461.02567, for
the Office of Disciplinary Counsel.
Sherry Darlene Davis, pro se, 740.941.1200.
2008-2001. Lake Cty. Bar Assn. v. Troy, Slip Opinion No. 2009-Ohio-502.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 08-005. Bartley J. Troy, Attorney Registration No. 0031600, is suspended from the practice of law in Ohio for one year, with six months stayed on conditions.
Moyer, C.J., and Pfeifer, Lundberg Stratton, O'Connor, O'Donnell, Lanzinger, and Cupp, JJ., concur.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-502.pdf
(Feb. 12, 2009) The Supreme Court of Ohio has suspended the license of Mentor attorney Bartley J. Troy for one year, with the final six months of that term stayed on conditions, for neglecting the case of a client he agreed to defend in a civil lawsuit and for failing to maintain the client’s fee advances in a segregated bank account or to make a proper accounting to the client for those fees.
As a result of Troy’s failure to diligently represent his client, the party suing her obtained a default judgment. When Troy subsequently failed to appear at a hearing to determine damages in the case, the court entered a judgment against his client for more than $9,000 in damages, and those damages were garnished from the client’s bank account.
Contacts
James P. Koerner, 440.255.7711, for
the Lake County Bar Association.
Bartley J. Troy, pro se, no telephone contact information available.