Court Suspends Akron, Holland Attorneys
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In separate disciplinary actions announced today, the Supreme Court of Ohio suspended the licenses of attorneys Gerald A. Baker of Holland (Lucas County) and Thomas M. McNerney of Akron.
2008-2506. Toledo Bar Assn. v. Baker, Slip Opinion No. 2009-Ohio-2371.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 07-073. Gerald A. Baker, Attorney Registration No. 0042316, is indefinitely suspended 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-2371.pdf 
(May 28, 2009) The Supreme Court of Ohio has imposed an indefinite license suspension against attorney Gerald A. Baker of Holland, Ohio for professional misconduct in his dealings with multiple clients.
The Court adopted findings by the Board of Commissioners on Grievances & Discipline that, on multiple occasions, Baker neglected or failed to diligently pursue legal matters entrusted to him by clients; commingled client funds with his own; failed to appropriately account for client funds in his possession and converted settlement proceeds held in trust for a client to his own use.
The Justices agreed with the board’s conclusions that Baker’s conduct violated, among others, the state disciplinary rules that prohibit an attorney from neglecting entrusted legal matters; engaging in conduct involving fraud, deceit, dishonesty or misrepresentation; engaging in illegal conduct that adversely reflects on his honesty and trustworthiness; failing to safeguard client funds in a separate, identifiable trust account; and failing to maintain complete records and to fully account to clients for funds held on their behalf.
Contacts
Jonathan Cherry, 419.242.4969, for the Toledo Bar Association.
James D. Caruso, 419.241.7700, for Gerald Baker.
2008-2470. Akron Bar Assn. v. McNerney, Slip Opinion No. 2009-Ohio-2374.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 07-094. Thomas M. McNerney, Attorney Registration No. 0076108, 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-2374.pdf
(May 28, 2009) The law license of Akron attorney Thomas M. McNerney has been suspended by the Supreme Court of Ohio for two years, with the second year of that term stayed on conditions, for failing to segregate funds he held in trust for clients in a separate bank account or to keep complete records tracking disbursements of those funds. The Court also found that McNerney failed to notify his clients that his malpractice insurance had lapsed, and failed to comply with state attorney registration requirements during the 2007 registration period.
The Court adopted findings by the Board of Commissioners on Grievances & Discipline that despite prior training and employment in the banking and accounting fields, McNerney admitted maintaining only a single bank account for his law practice into which he deposited both his personal funds and funds entrusted to him by clients, and also admitted that he maintained no records accounting for his receipt or disposition of client funds in his possession other than monthly bank statements and a check register.
Contacts
Maria R. Schimer, 216.325.2511, for the Akron Bar Association.
Thomas McNerney, pro se, 330.535.4000.