Legal Opinion · Dissent

Dayton Bar Ass'n v. Parker

Ohio Supreme Court

Decided December 8, 2004No. 2003-2169Published

1DissentLundberg Stratton, J.

{¶ 10} I respectfully dissent. I believe that there is insufficient evidence to support the board’s findings of fact and misconduct. Therefore, I would return this cause to the board for further proceedings.

{¶ 11} The board’s findings of fact in this case are based on the allegations in the complaint and the affidavits of the bar association’s investigator. Although the affidavits are sworn statements, they contain summary, conclusory assessments of misconduct based solely on conversations with the four grievants and are not based upon personal knowledge. Such affidavits are not sufficient…

2Cases cited2 opinions

  1. Ohio State Bar Ass'n v. ReidOhio Supreme Court · 1999
  2. Northwestern Ohio Bar Ass'n v. LauberOhio Supreme Court · 2004

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