Court Suspends Salem Attorney for Mishandling Grandfather's Estate
2002-2182. Disciplinary Counsel v. Bowman, 2003-Ohio-3374.
On Certified Report by the Board of Commissioners on Grievances and Discipline
of the Supreme Court, No. 02-04. Scott Bowman is suspended from the practice
of law in Ohio for one year, with six months stayed on conditions.
Moyer, C.J., Resnick, F.E. Sweeney, Pfeifer, Fain, Lundberg Stratton and O'Connor,
JJ., concur.
Mike Fain, J., of the Second Appellate District, sitting for Cook, J.
Opinion:
http://www.supremecourt.ohio.gov/rod/newpdf/0/2003/2003-Ohio-3374.pdf 
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(July 16, 2003) The Supreme Court today suspended the license of Salem attorney Scott Bowman for professional misconduct in the administration of his grandfather's estate.
The justices voted 7-0 to suspend Bowman's license for one year, with six months of that term stayed, for improperly advancing himself $86,000 for claimed legal and administrator fees from the estate his grandfather, former Salem attorney George H. Bowman Jr.
Scott Bowman joined his grandfather's law office shortly after being admitted to the bar in 1992. At the end of that year he took over the practice, and subsequently served as his grandfather's attorney. When George Bowman Jr. died in January 2000, Scott and his aunt, Constance Rowe, became involved in a dispute over which of two wills executed by the elder Bowman should be admitted to probate, and who should serve as executor of the estate.
A 1997 will prepared by Scott Bowman in which he was named as executor was originally admitted. The parties later entered into a settlement in which a 1992 will and 1995 codicils were admitted to probate and the order admitting the 1997 will was rescinded. Scott Bowman relinquished other claims against the estate in exchange for the $86,000 he had received.
Because he wrote checks to himself from the estate without notifying or receiving approval from the local probate court as required by court rules, and mishandled estate funds through his office trust account, the court concurred with findings by the Board of Commissioners on Grievances and Discipline that Bowman had engaged in conduct prejudicial to the administration of justice, conduct adversely reflecting on his fitness to practice law and conduct involving dishonesty, fraud, deceit or misrepresentation.
Citing Bowman's knowledge of proper probate procedures and pattern of conduct in making multiple improper payments to himself, the justices denied his request for a less severe penalty and imposed the board-recommended sanction of a one year suspension with six months stayed on condition of good conduct.
Contacts
Jonathan E. Coughlan, 614.461.0256, for the Office of Disciplinary Counsel.
Kenneth R. Donchatz, 614.228.6611, for Scott Bowman.