Cleveland Attorney Suspended
2009-1172. Disciplinary Counsel v. Crosby, Slip Opinion No. 2009-Ohio-6763.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 08-018. William Matthew Crosby, Attorney Registration No. 0002451, is suspended from the practice of law in Ohio for 24 months.
Moyer, C.J., and Lundberg Stratton, O'Connor, O'Donnell, Lanzinger, and Cupp, JJ., concur.
Pfeifer, J., concurs in the suspension of the respondent for 24 months but would stay 12 months of the suspension.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-6763.pdf 
View oral argument video of this case.
(Dec. 29, 2009) The Supreme Court of Ohio today imposed a 24-month suspension against the license of Cleveland attorney William M. Crosby for engaging in a pattern of misconduct in which Crosby commingled his own funds with client funds on deposit in his law office trust account, and improperly used the trust account as a personal bank account and operating account for an extended period in order to avoid collection actions by his creditors for unpaid judgments and delinquent taxes.
In a 6-1 decision, the Court voted to adopt findings by the Board of Commissioners on Grievances & Discipline that Crosby engaged in fraudulent trust account practices and deliberate deceptions between January 2006 and May 2007. Specifically, Crosby violated the rules of professional conduct that require an attorney to maintain a trust account in which only client funds are held, to avoid commingling of his personal funds with monies held for clients, and to keep full and accurate records of all funds deposited to and withdrawn from his trust account. The Court also found violations of the disciplinary rules that prohibit attorneys from engaging in conduct prejudicial to the administration of justice and conduct that adversely reflects on an attorney’s fitness to practice law.
The Court adopted the disciplinary board’s recommended sanction of a 24-month license suspension, and imposed as pre-conditions for reinstatement the requirements that Crosby complete six additional continuing legal education hours in law-office management and accounting and fully pay or provide evidence that he has entered into settlements of 12 court judgments currently outstanding against him totaling nearly $25,000.
The majority opinion, authored by Justice Judith Ann Lanzinger, was joined by Chief Justice Thomas J. Moyer and Justices Evelyn Lundberg Stratton, Maureen O’Connor, Terrence O’Donnell and Robert R. Cupp. Justice Paul E. Pfeifer dissented, stating that he would impose a two-year suspension with the second year stayed on conditions.
Contacts
Jonathan E. Coughlan, 614.461.0256, for the Office of Disciplinary Counsel.
Lester S. Potash, 216.771.8400, for William M. Crosby.
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