Toledo Bar Ass'n v. Kramer

After review of the record, we adopt the findings, conclusions, and recommendation of the board. In imposing a sanction, we must consider the duty violated, the attorney’s mental state, the injury caused, and whether aggravating or mitigating factors exist. See Cuyahoga Cty. Bar Assn. v. Boychuk (1997), 79 Ohio St.3d 93, 679 N.E.2d 1081.

*323Relator did prove by clear and convincing evidence that respondent had violated DR 1-102(A)(4), and 9-102(B)(3) and (4). However, at the time of the misconduct, respondent was seeing a counselor for depression due to his father’s death. Respondent also settled…