MAHONING COUNTY Attorney responds to complaint



Colucci said he'll continue fighting to keep his law license.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- A local attorney, accused by the Mahoning County Bar Association of misconduct, says he has done nothing wrong and is being unfairly targeted by his peers.
Atty. Mark S. Colucci said in a written statement that the bar association "reached a new low" in its handling of the complaint the association filed against him more than a week ago.
He called the bar's complaint against him a smear tactic, saying it was "shaped and created by the powers that be," but did not elaborate.
The bar association filed a 91-page complaint against Colucci in which it asks the Ohio Supreme Court to suspend Colucci's law license until the complaint is resolved.
Accusations
It accuses Colucci of, among other things, engaging in practices that prejudice the administration of justice, neglecting legal matters entrusted to him, charging or collecting excessive fees, failing to inform a client that he did not have required professional liability insurance and failing to pay clients money due them from lawsuits.
Colucci's 20-page response says the complaint against him is fraught with dishonesty, fraud, deceit and misrepresentations. It says the bar association "fails to equally apply or define" excessive fees, does not equally enforce the insurance requirement and is "controlled by special interests" in determining discipline against lawyers.
Atty. Richard White, bar association president, said he had not seen Colucci's response and declined to comment on it.
Colucci's statement says he has already repaid some of the clients he's accused of owing money, but that the bar association's complaint ignores that fact.
He said an "angry client" persuaded other clients to file complaints against him.
"I make no apologies for standing up and fighting the establishment," Colucci said in his written statement. "That is my role as a lawyer and I will never give it up."
Involved with Traficant
Some of the bar association's complaints against Colucci are rooted in his involvement with former Congressman James A. Traficant Jr., who is imprisoned for crimes including racketeering and bribery.
In his response, Colucci questioned the timing of those complaints since the Traficant matter is nearly 4 years old. He called that part of the complaint a "stale, insincere attempt to once again kick a man when he is down."
Many of the other complaints lodged against him had already been investigated by either the county bar association or the state disciplinary counsel and had been dismissed, Colucci said in his response.
Others involve fee disputes that have already been resolved. He said none of the complaints accuses him of fixing cases.
"In fact, some of the people complaining actually owe my firm money," he said in his written statement.
Colucci said publicity generated by the complaint against him has hurt his business and his family.
bjackson@vindy.com