Lawyer makes plea to high court against permanent disbarment

By Marc Kovac

An indefinite suspension would not guarantee a return to the practice of law.

COLUMBUS — A Trumbull County attorney already suspended from practicing law should not be permanently disbarred, his legal counsel argued before the state’s highest court Wednesday.

John Hollister told the Ohio Supreme Court that his client, George Kafantaris, should instead be suspended indefinitely while receiving treatment for mental health issues.

“Mr. Kafantaris has been regularly and faithfully going through the treatment program,” Hollister told the justices. “... What we’re dealing with here is a mental condition that renders somebody less than able to fully deal with the demands of everyday life.”

The state’s Board of Commissioners on Grievances and Discipline earlier recommended Kafantaris be permanently disbarred for misappropriating funds from two clients on deposit with his law office’s trust account and for filing a false affidavit, according to documents.

Hollister said the court should take into consideration Kafantaris’ ongoing treatment for depression, his admission of wrongdoing in the matter and the fact that he repaid the money he took from the clients.

“Mr. Kafantaris, from the beginning of these proceedings, has admitted that he committed the conduct charged,” he said. “He has never denied that, and therefore we think the board was in error in not noting that as a mitigating factor.”

Hollister said an indefinite suspension would not guarantee Kafantaris’ return to the practice of law. His reinstatement would be subject to Supreme Court consideration, with opportunities for the bar association to object.

But Randil Rudloff, representing the Trumbull County Bar Association, said Kafantaris’ prior disciplinary record, his refusal to turn over financial records or cooperate fully in a prompt fashion during the investigation and his overall demeanor and actions as an attorney merited the permanent disbarment.

The Supreme Court in November suspended Kafantaris’ law license, after a mistrial in a rape case and his indictment for grand theft.

His law license also was suspended in 2003 after lying in a sworn deposition related to a sexual harassment complaint by an employee, according to the proceedings.

Rudloff said the evidence at hand does not back assertions that Kafantaris’ depression was a factor in his decision to take money that did not belong to him.

“What he did was not caused by any mental or physical affliction or problem ...,” he said. “He used his privilege to practice law to take money that didn’t belong to him and to lie to this court.”

The court will issue a decision at some future date.