COLUMBUS: A Barberton attorney has been suspended from practicing law for two years because of ethical violations, the Ohio Supreme Court said Thursday.
The violations against Holly L. Bednarski included her failing to inform two clients that she didn’t have professional liability insurance, and not properly representing one of them when she failed to file a brief in an appeal.
In one case, a client paid her $1,500 to represent him in an appeal of a criminal conviction. Bednarski failed to file a brief in that case and did not respond to the client’s attempts to reach her. The appeal was dismissed and the client was ordered to serve his sentence.
In another case, a client paid $1,360 in advance for defense against a felony charge and a misdemeanor charge. Bednarski successfully defended the misdemeanor but failed to inform the court she had told the client she was withdrawing from the felony case.
In both cases, the clients were not given written fee agreements or written acknowledgement that Bednarski did not have liability insurance.
Bednarski, who previously had been placed on interim suspension in March 2015, blamed the problem on a divorce and a drinking problem and noted that she had been living in her car and with friends at times, the court said.
The court said that the final six months of her suspension will be stayed if she schedules a mental-health and substance-abuse assessment with the Ohio Lawyers Assistance Program, enters into any treatment recommended by the group, pays restitution to one of the clients, completes 12 hours of continued legal education related to law-office management, and commits no further misconduct.
To read the full court opinion, go to: www.supremecourt.ohio.gov/rod/docs/pdf/0/2017/2017-Ohio-522.pdf