Saturday, August 27, 2011

Attorney?s two-year suspension partially stayed


EAST LIVERPOOL - A local attorney who was suspended from practicing law had the decision partially stayed, and he will now be suspended for only six months.

The matter involving attorney Richard Hoppel started in 2009 when the Disciplinary Council charged him with 80 violations of the rules of professional conduct after he accepted attorney fees to represent multiple clients in bankruptcy proceedings and then failed to perform the work, according to court documents.

Two allegations were dismissed at the initial hearing. As for the others, Hoppel indicated a cocaine addiction contributed to his misconduct, and the panel and board recommended the Supreme Court of Ohio indefinitely suspended Hoppel from practicing law.

Hoppel objected to the recommended sanction.

According to the court documents, Hoppel made restitution to each of his clients harmed and identified in the complaint.

In light of Hoppel's successful completion of inpatient treatment for his addiction, his more than two years of sustained sobriety and his payment of restitution to each of the clients harmed by his misconduct, the Supreme Court of Ohio rejected the board's recommended sanction and imposed a two-year suspension with 18 month stayed on conditions.

Evidence introduced at the hearing demonstrated Hoppel "was a conscientious, capable and professional attorney until his judgment was clouded by his drug addiction," according to the findings.

Hoppel successfully completed a 90-day inpatient treatment program for his drug addiction and has complied with all the terms of his agreement including his regular attendance at Alcoholics Anonymous meetings and compliance with random drug and alcohol screenings.

"He has expressed willingness to extend (his monitoring conditions) for the rest of his professional career if necessary," the documents suggest.

The Justices suspended Hoppel for two years with the final 18 months suspended, but only on the condition that he maintain full compliance with monitoring efforts.

If Hoppel fails to comply, the stay will be lifted, and he will serve the full two-year suspension.

The original complaint alleged Hoppel failed to return money to several clients after failing to file cases on their behalf or represent them at meetings or hearings in 2007 and 2008. According to the complaint, some of his actions reflected multiple violations of the rules of professional conduct in some of the cases, including rules regarding the collection of fees, making false statements of fact, engaging in conduct involving dishonesty, fraud, deceit or misrepresentation, and engaging in conduct prejudicial to the administration of justice or that adversely reflects on a lawyer's fitness to practice law.

Hoppel, an attorney since May 1994, apparently began having problems in 2007 when he started missing criminal hearings for clients he had been assigned to defend as a part-time public defender. Both Tobin and Pike found him in contempt, with Tobin sentencing him to 120 days in the county jail in October 2008 for both cases.

After he served about 13 days of the sentence, Tobin suspended the rest of the jail time to allow him to enter an inpatient drug rehabilitation program at the Keating Center in Cleveland.

Tobin later dismissed the contempt charges, ruling that Hoppel had complied with the court's order and purged himself of the contempt.

Source: http://www.reviewonline.com/page/content.detail/id/545616/Attorney-s-two-year-suspension-partially-stayed.html?nav=5008

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