Ohio Supreme Court

Disbars Attorney Marosan

Presented By

Bonnie M. Wells



Court Disbars North Royalton Attorney

2008-0399. Stark Cty. Bar Assn. v. Marosan, Slip Opinion No. 2008-Ohio-3882.

On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 07-082. Joseph E. Marosan, Attorney Registration No. 0025849, is permanently disbarred from the practice of law in Ohio.

Moyer, C.J., and Pfeifer, Lundberg Stratton, O'Connor, O'Donnell, Lanzinger, and Cupp, JJ., concur.

Opinion: http://www.supremecourtofohio.gov/rod/docs/pdf/0/2008/2008-Ohio-3882.pdf

Please note: Opinion summaries are prepared by the Office of Public Information for the general public and news media. Opinion summaries are not prepared for every opinion released by the Court, but only for those cases considered noteworthy or of great public interest. Opinion summaries are not to be considered as official headnotes or syllabi of Court opinions. The full text of this and other Court opinions from 1992 to the present are available online from the Reporter of Decisions: http://www.supremecourtofohio.gov/ROD/newpdf/. In the Full Text search box, enter the eight-digit case number at the top of this summary and click "Submit."

(Aug. 7, 2008) The Supreme Court of Ohio today permanently disbarred North Royalton attorney Joseph E. Marosan for professional misconduct arising from his self-dealing at the expense of a client during a period in which he simultaneously represented both a real estate trust in which he had a financial interest and one of the other partners in that trust.

The Court adopted findings by the Board of Commissioners on Grievances & Discipline that by paying advance distributions “against future profits” to himself and a third partner in the trust, and failing to repay the remaining partner who had capitalized the trust when those profits failed to be realized, Marosan violated the state discipline rule that bars an attorney from entering into a business transaction with a client when they have differing interests and the client expects the lawyer to exercise his professional judgment for the benefit of the client. The Court also affirmed the board’s finding that, by failing to answer the complaint filed against him or to respond to multiple inquiries from authorities investigating his alleged misconduct, Marosan also violated the state bar governance rule that requires attorneys to cooperate with all disciplinary investigations.

In setting the sanction for his misconduct as disbarment, the Court noted the aggravating factors that Marosan’s law license has been under suspension since October 2005 for two prior incidents of professional misconduct, that he acted with a selfish or dishonest motive, and that he caused harm to a vulnerable client and failed to make restitution. The Court concluded that “Respondent’s conduct in this matter – and in his previous disciplinary cases – demonstrates that he is not fit to practice law.”

Contacts

Richard S. Milligan, 330.491.5280, for the Stark County Bar Association.

No current contact information available for Joseph Marosan.

 





Law & Order In The News

Starlight Inner-Prizes.Com

bmw_fastasu@yahoo.com




2008 // BMW