Columbus Bar Ass'n v. Winkfield

Upon review of the record and the objections filed by respondent, we concur that clear and convincing evidence establishes his violation of DR 9 — 102(B)(4). Respondent learned of Brooks’s failure to return Thomas’s overpayment of $13,956 in 1991 and is accountable pursuant to Gov.Bar R. III(3)(B) and (C).2

However, we do not consider respondent’s failure to admit or apologize for his wrongdoing a sufficient basis in this case for the board’s enhancement of the sanction recommended by the panel. Accordingly, we decline to impose the one-year actual suspension period recommended by the board…