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Mansfield Attorney Disbarred

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2011-1728.  Disciplinary Counsel v. Brickley, Slip Opinion No. 2012-Ohio-872.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 10-080.  Barry Frederick Brickley, Attorney Registration No. 0011435, is permanently disbarred from the practice of law in Ohio.
O'Connor, C.J., and Pfeifer, Lundberg Stratton, O'Donnell, Lanzinger, Cupp, and McGee Brown, JJ., concur.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2012/2012-Ohio-872.pdf

(March 6, 2012) The Supreme Court of Ohio has permanently revoked the law license of Mansfield attorney Barry F. Brickley for misappropriating funds that belonged to clients of a law firm where he was employed as a paralegal. Brickley’s license to practice as an attorney was indefinitely suspended in 2002 for prior acts of misconduct, and has never been reinstated.

In a 7-0 per curiam decision announced today, the Court adopted findings by the Board of Commissioners on Grievances & Discipline that on seven separate occasions between February and December 2006, Brickley wrote unauthorized checks to himself against his employer’s client trust account, and deposited the proceeds of those checks into his personal bank account. When the misappropriations were discovered, Brickley entered no-contest pleas to felony counts of theft, forgery and receiving stolen property. He was subsequently accepted into a diversion program operated by the Richland County prosecutor’s office.

The Court affirmed the board’s conclusions that Brickley’s actions violated the state disciplinary rules that prohibit an attorney from engaging in conduct involving fraud, deceit, dishonesty or misrepresentation;  engaging in conduct that adversely reflects on his fitness to practice law; and committing an illegal act that reflects adversely on his honesty or trustworthiness.

In imposing the board-recommended sanction of permanent disbarment, the court noted the aggravating factors that Brickley had a prior disciplinary record, engaged in a pattern of misconduct involving multiple offenses, and failed to cooperate with disciplinary authorities.

Contacts
Jonathan E. Coughlan, 614.461.0256, for the Office of Disciplinary Counsel.

No current contact information available for Barry Brickley.