[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as 

Cleveland Metro. Bar Assn. v. Bancsi, Slip Opinion No. 2014-Ohio-5255.] 

NOTICE

This slip opinion is subject to formal revision before it is published in 

an advance sheet of the Ohio Official Reports. Readers are requested 

to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 

65 South Front Street, Columbus, Ohio 43215, of any typographical or 

other formal errors in the opinion, in order that corrections may be 

made before the opinion is published. 

SLIP OPINION NO. 2014-OHIO-5255 

CLEVELAND METROPOLITAN BAR ASSOCIATION v. BANCSI. 

[Until this opinion appears in the Ohio Official Reports advance sheets, it 

may be cited as Cleveland Metro. Bar Assn. v. Bancsi, 

Slip Opinion No. 2014-Ohio-5255.] 

Attorneys—Misconduct—Failure to act with reasonable diligence—Failure to 

keep client reasonably informed about status of a matter—Engaging in 

conduct prejudicial to the administration of justice—Failure to notify 

client of lack of malpractice insurance—Two-year suspension, with 18 

months stayed on conditions. 

(No. 2014-0192—Submitted April 8, 2014—Decided December 4, 2014.) 

ON CERTIFIED REPORT by the Board of Commissioners on Grievances and 

Discipline of the Supreme Court, No. 2012-091. 

_______________________ 

Per Curiam. 

{¶ 1} Respondent, Joseph Bancsi of Avon Lake, Ohio, Attorney 

Registration No. 0025450, was admitted to the practice of law in Ohio in 1972. In 

1995, we publicly reprimanded him for failing to deposit unearned fees in a client 
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trust account, failing to properly account for client funds, and failing to return a 

client’s case file after the client had discharged him. Cleveland Bar Assn. v. 

Bancsi, 72 Ohio St.3d 525, 651 N.E.2d 949 (1995). Also in 1995, we suspended 

him for failure to meet the substance-abuse component of his continuing-legaleducation (“CLE”) requirements but reinstated him later that year. In re 

Continuing Legal Edn. Suspension of Bancsi, 74 Ohio St.3d 1431, 655 N.E.2d 

1311 (1995); 74 Ohio St.3d 1449, 656 N.E.2d 691 (1995). In 1997, we suspended 

him for one year with six months stayed for practicing law during his CLE 

suspension. Disciplinary Counsel v. Bancsi, 79 Ohio St.3d 392, 683 N.E.2d 1072 

(1997). In 2012, we suspended him again for failure to comply with CLE 

requirements but reinstated him the following month. In re Continuing Legal 

Edn. Suspension of Bancsi, 133 Ohio St.3d 1472, 1477, 2012-Ohio-5238, 978 

N.E.2d 198; 133 Ohio St.3d 1503, 2012-Ohio-5760, 979 N.E.2d 349.

{¶ 2} In the present case, relator, Cleveland Metropolitan Bar 

Association, charged Bancsi with professional misconduct for mishandling a 

client’s domestic-relations matter. In response to relator’s complaint, Bancsi 

admitted that he had failed to properly notify his client that he lacked malpractice 

insurance, but he otherwise disputed that his conduct violated any of the Rules of 

Professional Conduct. After a hearing, a three-member panel of the Board of 

Commissioners on Grievances and Discipline found that Bancsi engaged in the 

charged misconduct and recommended that he serve a two-year suspension, with 

18 months stayed on conditions, along with a two-year term of monitored 

probation commencing upon his reinstatement from the actual suspension. The 

board issued a report adopting the panel’s findings and recommended sanction, 

and neither party has filed objections to the board’s report and recommendation. 

{¶ 3} Upon our review of the record, we accept the board’s findings of 

fact and misconduct and agree that the board’s recommended sanction is 

appropriate in this case. 
January Term, 2014 

3

Misconduct

{¶ 4} In early May 2009, Thomas Scott retained Bancsi—a sole 

practitioner with a long history of handling domestic-relations cases—to file a 

motion to modify his monthly spousal-support obligation. Scott had retired in 

April 2009, and his divorce decree authorized him to petition the domesticrelations court for a reduction in spousal support after his retirement. Scott paid 

Bancsi a $3,500 retainer fee, and Bancsi promised to file the motion within a 

week. The timing of Scott’s motion was significant: not only did Scott want to 

reduce his obligation as soon as possible, but the court’s ultimate ruling would 

likely be made retroactive to the date that the motion was filed. 

{¶ 5} Bancsi filed the motion on May 29, 2009, and opposing counsel 

thereafter served him with interrogatories and a request for production of 

documents. Bancsi failed to respond to the discovery matters, and he also failed 

to inform Scott that the requests were made. In August 2009, opposing counsel 

filed a motion to compel, which the court granted five days later. Scott claims 

that after learning of the outstanding document requests from his daughter, he 

called Bancsi, who stated that he had forgotten to inform Scott about the request. 

Bancsi instructed Scott to bring the requested documents with him to the next 

scheduled hearing. Bancsi, however, never discussed the interrogatories with 

Scott. 

{¶ 6} As instructed, Scott brought the requested documents with him to a 

September 28, 2009 hearing and gave them to Bancsi. But Bancsi did not turn 

over the documents to opposing counsel, and after a week had passed, Scott 

learned from his daughter that Bancsi had not yet produced the documents. Scott 

called Bancsi, who indicated that he would turn over the documents the following 

day, but he did not ultimately produce them until October 19, 2009. 

{¶ 7} On October 23, 2009, Scott’s ex-wife moved to dismiss his motion 

to modify spousal support because Scott had failed to respond to her 
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interrogatories. Four days later, Bancsi filed a motion to continue and stay the 

proceedings because he was scheduled to undergo bypass surgery the first week 

of November and his recovery was anticipated to last about six to eight weeks. In 

what the board characterized as a “surprising and somewhat heavy handed 

response to [Bancsi’s] plight,” the domestic-relations court granted the motion to 

dismiss and overruled Bancsi’s request for a continuance. 

{¶ 8} Notwithstanding the court’s dismissal of his motion, Scott was 

sympathetic to Bancsi’s health issues. In mid-January 2010, Bancsi informed 

Scott that within a week, he would file a motion for relief from judgment pursuant 

to Civ.R. 60(B). But by February 10, 2010, Bancsi had yet to file the motion, and 

Scott sent him a letter expressing his disappointment and concern over the lack of 

progress. Bancsi did not ultimately file the motion for relief from judgment until 

April 6, 2010. Bancsi testified at his disciplinary hearing that his recovery from 

surgery took longer than expected and that due to his health problems, he could 

not have filed the motion any earlier. But according to Scott, Bancsi had not 

informed him of the continuing severity of those health issues or indicated that he 

was not otherwise able to reassume responsibility for Scott’s case. In addition, 

the board noted that in February 2010, Bancsi was apparently healthy enough to 

file a new divorce case for a different client and to enter an appearance in another 

case. 

{¶ 9} The domestic-relations court denied Scott’s motion for relief from 

judgment on May 26, 2010. Because the dismissal had been without prejudice, 

Bancsi promised Scott that he would file a new motion to modify support the 

following week, but he failed to follow through. Scott then left telephone 

messages for Bancsi on June 9 and 15, 2010, and after not hearing back, Scott 

terminated the attorney-client relationship on June 20, 2010. Scott immediately 

hired new counsel, who promptly filed another motion to modify the spousalsupport obligation and who, by the end of the year, had successfully reduced 
January Term, 2014 

5

Scott’s obligation from $1,000 a month to $335 a month. However, the court’s 

order was made retroactive only to July 1, 2010, which was shortly after Scott’s 

new counsel had filed the motion to modify. 

{¶ 10} The board found that because of Bancsi’s neglect, Scott lost 12 

months of possible credit for any spousal-support reduction that he had hoped to 

obtain. The board further noted that if, as Bancsi had claimed, his health was 

affecting him such that he was unable to competently represent Scott, “then it was 

his responsibility as a sole practitioner to find replacement counsel and refer 

Scott’s case to another lawyer who could complete the work.” Based on this 

conduct, the board determined that Bancsi violated Prof.Cond.R. 1.3 (requiring a 

lawyer to act with reasonable diligence in representing a client), 1.4(a)(3) 

(requiring a lawyer to keep the client reasonably informed about the status of a 

matter), 1.4(a)(4) (requiring a lawyer to comply as soon as practicable with 

reasonable requests for information from the client), and 8.4(d) (prohibiting a 

lawyer from engaging in conduct that is prejudicial to the administration of 

justice). We concur in the board’s findings of misconduct. 

{¶ 11} In addition, the parties stipulated and the board found that Bancsi 

failed to properly notify Scott that he lacked professional malpractice insurance, 

which violated Prof.Cond.R. 1.4(c) (requiring a lawyer to inform a client in 

writing that the lawyer does not maintain professional liability insurance). We 

agree. 

Sanction

{¶ 12} When imposing sanctions for attorney misconduct, we consider 

several relevant factors, including the ethical duties that the lawyer violated and 

the sanctions imposed in similar cases. Stark Cty. Bar Assn. v. Buttacavoli, 96 

Ohio St.3d 424, 2002-Ohio-4743, 775 N.E.2d 818, ¶ 16. In making a final 

determination, we also weigh evidence of the aggravating and mitigating factors 
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listed in BCGD Proc.Reg. 10(B). Disciplinary Counsel v. Broeren, 115 Ohio 

St.3d 473, 2007-Ohio-5251, 875 N.E.2d 935, ¶ 21. 

Aggravating and mitigating factors 

{¶ 13} As mitigating factors, Bancsi did not act with a dishonest or selfish 

motive and he fully cooperated in the disciplinary process. See BCGD Proc.Reg. 

10(B)(2)(b) and (d). The board determined that although Bancsi ultimately 

refunded Scott’s $3,500 retainer, Scott suffered other financial damages as a 

result of Bancsi’s neglect—namely, 12 months of paying a spousal-support 

obligation that was more than it should have been. Therefore, the board found, 

and we agree, that restitution should not be a mitigating factor in this case. 

{¶ 14} In aggravation, Bancsi has prior discipline, he engaged in multiple 

instances of neglect, Scott was a somewhat vulnerable client who sustained 

financial damages, and Bancsi failed to make full restitution. See BCGD 

Proc.Reg. 10(B)(1)(a), (d), (h), and (i). In considering whether to recommend that 

Bancsi should be ordered to make full restitution, the board noted that Scott had 

declined to sue Bancsi for the damages that he sustained and that had litigation 

been filed, it is conceivable that Bancsi may have successfully asserted 

affirmative defenses. Thus, the board concluded that Bancsi should not be 

required to pay for damages that his former client had not sought. We agree with 

this conclusion. 

Applicable precedent

{¶ 15} To support its recommended sanction, the board cites Cleveland 

Metro. Bar Assn. v. Berk, 132 Ohio St.3d 82, 2012-Ohio-2167, 969 N.E.2d 256, 

and Warren Cty. Bar Assn. v. Marshall, 113 Ohio St.3d 54, 2007-Ohio-980, 862 

N.E.2d 519. In Berk, we issued a stayed 18-month suspension on an attorney who 

neglected two client matters by failing to appear for scheduled court conferences 

in each case, which resulted in dismissal of his clients’ actions. Id. at ¶ 5-9. 

Similar to Bancsi, the attorney in Berk had prior discipline and engaged in 
January Term, 2014 

7

multiple offenses. Id. at ¶ 18. But Berk accepted responsibility for his inaction in 

his clients’ cases, and he made a timely good-faith effort to rectify the 

consequences of his misconduct. Id. at ¶ 19-20, 28. In addition, we found that 

Berk’s clients had not suffered irreparable harm and that Berk had “excellent 

character and reputation outside of the charged misconduct,” as evidenced by the 

testimony establishing that he provided a “great deal of free or low-cost legal 

representation to those who otherwise could not afford to obtain such services.” 

Id. at ¶ 24-28. Based on these factors, we concluded that an actual suspension in 

Berk was not necessary to protect the public, although we required him to serve 

an 18-month stayed suspension and a two-year term of monitored probation. Id.

at ¶ 28-29. 

{¶ 16} In contrast, in Marshall, we suspended an attorney for two years 

for neglecting two client matters and for making a false statement in a disciplinary 

investigation. Id. at ¶ 4-10, 18. Similar to Bancsi, the attorney in Marshall had 

prior discipline, and his neglect harmed a vulnerable client. Id. at ¶ 13. But in 

addition, Marshall’s misconduct occurred while his earlier disciplinary case was 

pending and during his stayed suspension, and we were “particularly troubled” by 

the fact that he could give a false statement to an attorney investigating him while 

his initial disciplinary case was pending. Id. at ¶ 15-16. Based on these factors, 

we determined that Marshall appeared “unwilling or unable to comply with the 

ethical standards that govern the legal profession.” Id. at ¶ 15. We held that his 

conduct warranted an actual two-year suspension, as recommended by the board. 

Id. at ¶ 11, 18. 

{¶ 17} Following this precedent, the board reasoned that Bancsi should 

receive an actual suspension, but not a lengthy one. The board recognized that 

Bancsi was dealing with significant health problems during his representation of 

Scott, but the board nonetheless concluded that even given those health issues, 

Bancsi cannot be excused from meeting the needs of his client. Thus, the board 
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recommends a two-year suspension with 18 months stayed on conditions, along 

with a two-year period of probation commencing upon Bancsi’s reinstatement 

from his actual suspension. 

{¶ 18} We agree that the appropriate sanction for Bancsi’s misconduct 

falls between the sanctions we issued in Berk and Marshall. Similar to the 

attorneys in those cases, Bancsi neglected his client’s case, and he has been 

subject to prior discipline. Berk, however, involved more significant mitigating 

factors, and unlike the attorney in Berk, Bancsi has previously been disciplined on 

more than one occasion and previously was actually suspended from the practice 

of law for a disciplinary violation. Thus, a harsher sanction than that in Berk is 

warranted. On the other hand, Bancsi’s misconduct was not as egregious as the 

misconduct in Marshall, as Bancsi did not commit any act similar to giving a 

false statement during a disciplinary investigation. Accordingly, a lesser sanction 

than the two-year actual suspension in Marshall is justified. Thus, having 

considered Bancsi’s misconduct, the aggravating and mitigating factors, and the 

sanctions imposed in comparable cases, we agree with the board’s recommended 

sanction in this case. 

Conclusion 

{¶ 19} Joseph Bancsi is suspended from the practice of law in Ohio for 

two years. The last 18 months of that suspension are stayed on the conditions that 

he pay the costs of these proceedings and engage in no further misconduct. In 

addition, Bancsi shall serve a two-year term of monitored probation, commencing 

upon his reinstatement from the actual suspension. Costs are taxed to Bancsi. 

Judgment accordingly. 

O’CONNOR, C.J., and PFEIFER, O’DONNELL, LANZINGER, KENNEDY,

FRENCH, and O’NEILL, JJ., concur. 

_________________________ 
January Term, 2014 

9

Heather M. Zirke, Bar Counsel; and Shapero & Green, L.L.C., Brian 

Green, and Michael Shapero, for relator. 

Joseph Bancsi, pro se. 

_________________________