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

Disciplinary Counsel v. Daniell, Slip Opinion No. 2014-Ohio-3161.] 

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-3161 

DISCIPLINARY COUNSEL v. DANIELL. 

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

it may be cited as Disciplinary Counsel v. Daniell, 

Slip Opinion No. 2014-Ohio-3161.] 

Attorneys—Misconduct—Failure to properly maintain records for trust account—

Failure to cooperate in disciplinary investigation—One-year suspension 

stayed on conditions. 

(No. 2013-1988—Submitted February 5, 2014—Decided July 23, 2014.) 

ON CERTIFIED REPORT by the Board of Commissioners on Grievances and 

Discipline of the Supreme Court, No. 2012-086. 

____________________ 

Per Curiam. 

{¶ 1} Respondent, Ric Daniell, of Columbus, Ohio, Attorney 

Registration No. 0032072, was admitted to the practice of law in Ohio in 1978. In 

December 2012, relator, disciplinary counsel, charged Daniell with professional 

misconduct for failing to properly prepare and maintain records of his client trust 

account and for failing to cooperate in the ensuing disciplinary investigation. 
SUPREME COURT OF OHIO

2 

Daniell and relator entered into stipulations of fact and misconduct, and as a 

sanction, the parties jointly recommended that Daniell serve a stayed one-year 

suspension on conditions. After a hearing, a three-member panel of the Board of 

Commissioners on Grievances and Discipline adopted the parties’ stipulations and 

recommended sanction. The board then issued a report adopting the panel’s 

findings of fact and the findings of misconduct except for the finding of a 

violation of Prof.Cond.R. 8.4(h). The board also adopted the recommended 

sanction. No party has filed objections to the board’s report and recommendation. 

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

fact and misconduct and agree that a one-year suspension, all stayed on 

conditions, is the appropriate sanction in this case. 

Misconduct

{¶ 3} Daniell is a solo practitioner, focusing primarily in bankruptcy law 

but also handling domestic-relations and municipal-court cases. 

{¶ 4} In May 2008, Fifth Third Bank notified relator that Daniell had 

overdrawn his client trust account. Relator sent Daniell a series of letters 

requesting that he explain the overdraft and provide copies of monthly statements 

for his account as well as client ledgers for the time period of the overdraft. After 

relator sent his fourth letter of inquiry, Daniell responded by attempting to explain 

the circumstances causing the overdraft, but he failed to produce any of the 

records requested by relator. After additional follow-up inquiries, relator 

discovered that Daniell had not been maintaining individual client ledgers or 

monthly statements of his client trust account and had not been performing 

monthly reconciliations. Prof.Cond.R. 1.15 requires that an attorney hold client 

funds in a client trust account and maintain records of that account, including (1) 

individual client ledgers—that is, a record for each client showing the date, 

amount, and source of funds received on behalf of that client; the date, amount, 

and purpose of funds disbursed on behalf of the client; and the current balance of 
January Term, 2014 

3 

funds in the account for that client, (2) a statement for the bank account showing 

the date and amount of each credit or debit and the balance in the account, and (3) 

monthly reconciliations of the funds held in the trust account. Prof.Cond.R. 

1.15(a)(1) through (5). 

{¶ 5} In April 2009, after discussing the recordkeeping requirements of 

Prof.Cond.R. 1.15 with relator, Daniell executed an affidavit stating that he had 

read the rule and that he understood his ethical obligations. Daniell further 

averred that to the extent his accounting practices were deficient, he would 

“immediately rectify the problems to ensure compliance with [Prof.Cond.R. 

1.15].” Based on the affidavit, relator terminated its investigation of Daniell. 

{¶ 6} However, on January 12, 2012, Fifth Third Bank again notified 

relator that Daniell had overdrawn his client trust account. As in 2008, relator 

sent Daniell a letter of inquiry requesting that he explain the overdraft and provide 

the relevant records for his client trust account. Daniell responded to relator’s 

letter, but he did not produce any trust-account documents. And after follow-up 

phone calls from relator, Daniell submitted only bank-generated monthly 

statements. On March 26, 2012, after two unreturned phone calls, relator sent 

Daniell another letter seeking up-to-date client ledgers, monthly reconciliation 

records, additional information regarding the overdraft, and an explanation of his 

failure to respond to relator’s efforts to contact him. 

{¶ 7} On March 30, 2012, Daniell responded in writing, attempting to 

further explain the circumstances causing the overdraft. But Daniell also 

acknowledged that he had not been keeping client ledgers or monthly 

reconciliation records. And without further explanation, Daniell indicated that he 

kept a certain amount of funds other than client funds in his client trust account. 

Relator then notified Daniell that he was considering filing a formal complaint, 

and relator sent a follow-up letter requesting a meeting with Daniell. Daniell, 

however, did not respond to either of relator’s communications. 
SUPREME COURT OF OHIO

4 

{¶ 8} On May 14, 2012, Daniell finally met with relator and agreed to 

immediately begin providing relator with copies of client ledgers and monthly 

reconciliations. But again, Daniell did not follow through. Specifically, he failed 

to timely submit those records for May, June, or July. And when Daniell 

eventually submitted the records, he produced only handwritten monthly 

reconciliations, without individual client ledgers. 

{¶ 9} Based on this conduct, the parties stipulated and the board found 

that Daniell violated Prof.Cond.R. 1.15(a)(2) (requiring a lawyer to maintain a 

record for each client on whose behalf funds are held), 1.15(a)(3) (requiring a 

lawyer to maintain a record for the lawyer’s client trust account, setting forth the 

name of the account, the date, amount, and client affected by each credit and 

debit, and the balance in the account), 1.15(a)(4) (requiring a lawyer to maintain 

all bank statements, deposit slips, and canceled checks, if provided by the bank, 

for each bank account), 1.15(a)(5) (requiring a lawyer to perform and retain a 

monthly reconciliation of the funds held in the lawyer’s client trust account), 

1.15(b) (permitting a lawyer to deposit his or her own funds in a client trust 

account for the sole purpose of paying or obtaining a waiver of bank service 

charges), and 8.1(b) (prohibiting a lawyer from knowingly failing to respond to a 

demand for information by a disciplinary authority during an investigation) and 

Gov.Bar R. V(4)(G) (requiring a lawyer to cooperate with a disciplinary 

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

{¶ 10} Although the parties had stipulated to, and the panel had found, a 

violation of Prof.Cond.R. 8.4(h) (prohibiting a lawyer from engaging in conduct 

that adversely reflects on the lawyer’s fitness to practice law), the board 

determined that Daniell’s misconduct was not sufficiently egregious as to merit a 

finding that he had violated that rule. In Disciplinary Counsel v. Bricker, 137 

Ohio St.3d 35, 2013-Ohio-3998, 997 N.E.2d 500, we explained that in order to 

find a violation of Prof.Cond.R. 8.4(h), there must be clear and convincing 
January Term, 2014 

5 

evidence that either (1) the lawyer has engaged in misconduct that adversely 

reflects on the lawyer’s fitness to practice law and that the misconduct is not 

specifically prohibited by another disciplinary rule or (2) the conduct giving rise 

to a specific rule violation is so egregious as to warrant an additional finding that 

it adversely reflects on the lawyer’s fitness to practice law. Id. at ¶ 21. Here, 

Daniell’s conduct violated specific provisions regarding recordkeeping and 

cooperating in a disciplinary investigation. We agree with the board that 

Daniell’s misconduct was not so egregious as to also warrant a separate violation 

of Prof.Cond.R. 8.4(h). Accordingly, we dismiss the alleged violation of that 

rule. 

Sanction

{¶ 11} 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 

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. However, because each 

disciplinary case is unique, we are not limited to the factors specified in BCGD 

Proc.Reg. 10(B) but may take into account all relevant factors in determining 

which sanction to impose. 

Aggravating and mitigating factors 

{¶ 12} In aggravation, Daniell engaged in a pattern of misconduct, 

committed multiple offenses, and failed to cooperate in the disciplinary process. 

See BCGD Proc.Reg. 10(B)(1)(c), (d), and (e). Mitigating factors include an 

absence of a prior disciplinary record and an absence of a dishonest or selfish 

motive. See BCGD Proc.Reg. 10(B)(2)(a) and (b). In addition, the board noted 

that at the time of the panel hearing, Daniell was in compliance with the 
SUPREME COURT OF OHIO

6 

recordkeeping requirements of Prof.Cond.R. 1.15, and Daniell testified that he 

had commenced monthly meetings with a bookkeeper to ensure that his records 

are up to date. 

{¶ 13} The board also found, and we agree, that Daniell’s mental 

impairments, which were also stipulated by the parties, qualify as a mitigating 

factor under BCGD Proc.Reg. 10(B)(2)(g). A psychiatrist, a licensed social 

worker, and the clinical director of the Ohio Lawyers Assistance Program 

(“OLAP”) separately diagnosed Daniell with multiple depression-related 

disorders resulting from his wife’s death. Daniell’s therapist concluded that his 

depression contributed to his misconduct, and his therapist and OLAP’s clinical 

director testified that Daniell has successfully managed his condition through 

therapy, medication, and compliance with his four-year OLAP contract, which 

Daniell entered into in November 2012. Daniell’s therapist further concluded that 

with treatment, Daniell could return to the competent, ethical professional practice 

of law. 

Applicable precedent

{¶ 14} To support its recommended sanction, the board cites Disciplinary 

Counsel v. Eynon, 135 Ohio St.3d 274, 2013-Ohio-953, 985 N.E.2d 1285. In that 

case, an attorney improperly used his client trust account and then failed to 

produce trust-account records during a disciplinary investigation. Id. at ¶ 5-7. 

We sanctioned the attorney with a one-year suspension, all stayed on conditions. 

Id. at ¶ 16. In mitigation, we noted that the attorney had no prior discipline in a 

long career and suffered from major depression occasioned by a series of personal 

tragedies, which psychologically immobilized him at the time of his charged 

misconduct and further prevented him from responding to relator’s inquiries. Id.

at ¶ 11-12. In addition, we noted that the attorney entered into a two-year OLAP 

contract to assist and monitor his recovery. Id. at ¶ 11. 
January Term, 2014 

7 

{¶ 15} Similar to the attorney in Eynon, Daniell violated the disciplinary 

rule relating to his client trust account and failed to later cooperate in relator’s 

investigation. And also similar to Eynon, Daniell has no prior discipline in a long 

career, he has entered into an OLAP contract, and he has submitted evidence 

establishing that he suffered from major depression resulting from a personal loss 

that impaired his judgment and prevented him from responding to relator’s 

inquiries. Thus, we agree with the board that the circumstances in Eynon are 

comparable to the circumstances here and that a similar sanction is appropriate. 

Conclusion 

{¶ 16} Having reviewed the record and the aggravating and mitigating 

factors, and having considered the sanctions previously imposed in a comparable 

case, we adopt the board’s recommended sanction of a stayed one-year 

suspension on conditions. Ric Daniell is hereby suspended from the practice of 

law in Ohio for one year, with the entire suspension stayed on the conditions that 

he (1) comply with the treatment contract with OLAP, (2) continue counseling 

with Dr. Andrea Stuck or another qualified professional approved by OLAP, (3) 

comply with all medication-therapy recommendations, (4) comply with all trustaccount requirements in Prof.Cond.R. 1.15, (5) complete one year of monitored 

probation, (6) complete his professionally mandated legal-education 

requirements, including six hours of law-office management and accounting, 

within one year of the date of this order, and (7) commit no further misconduct. If 

Daniell fails to comply with any condition of the stay, the stay will be lifted and 

he will serve the full one-year suspension. Costs are taxed to Daniell. 

Judgment accordingly. 

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

FRENCH, and O’NEILL, JJ., concur. 

____________________ 
SUPREME COURT OF OHIO

8 

Scott J. Drexel, Disciplinary Counsel, and Catherine Russo, Assistant 

Disciplinary Counsel, for relator. 

James E. Arnold & Associates, L.P.A., and Alvin E. Matthews Jr., for 

respondent. 

_________________________