Legal Opinion · Concurring in part, dissenting in part

Toledo Bar Ass'n v. Hales

Ohio Supreme Court

Decided December 4, 2008No. 2008-0819Published

1Concurring in part, dissenting in partLundberg Stratton, J.

{¶ 28} I agree with the majority’s holding, except that I would also require Hales to pay $280,000 in restitution as a condition precedent to reinstating his law license. Therefore, I respectfully dissent in part.

{¶ 29} The majority states that “[ojrdering respondent to pay restitution would further respondent’s rehabilitation.” Majority opinion at ¶ 26. Nevertheless, following Cleveland Bar Assn. v. Gay (2002), 94 Ohio St.3d 404, 763 N.E.2d 585, the majority holds that the respondent is not required to pay restitution as a condition of reinstatement.

{¶ 30} In Gay, the court considered…

2Cases cited13 opinions

  1. Disciplinary Counsel v. O'NeillOhio Supreme Court · 2004
  2. Disciplinary Counsel v. AgopianOhio Supreme Court · 2006
  3. Ohio State Bar Ass'n v. WeaverOhio Supreme Court · 1975
  4. Matter of LevineArizona Supreme Court · 1993
  5. Brookman v. State BarCalifornia Supreme Court · 1988

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