Court stays suspension for attorney

Staff report

COLUMBUS

The Ohio Supreme Court suspended city attorney James Vivo’s law license for six months – all of which was stayed – after finding he handled bankruptcy proceedings with “incompetence and neglect.”

The Mahoning County Bar Association filed the initial complaint with the court’s Board of Professional Conduct in May 2018. The court issued an opinion Tuesday, according to court filings.

When representing a client in bankruptcy proceedings in 2013, Vivo and his client reportedly withheld information from a trustee regarding finances the client had discharged and gifted to family members. But the court found Vivo’s strategy of denying the discharge “would render the debts scheduled permanently nondischargeable, which was contrary to [the client’s] desired outcome.”

After Vivo did not respond to a default judgment motion in the case, it was denied, and Vivo never told the client, though the client repeatedly inquired about it, according to the complaint.

In October 2016, Vivo filed another bankruptcy petition, unbeknownst to that client, which was dismissed on the same grounds. Vivo also did not file a response to judgment, the complaint states.

Justices stayed the suspension of Vivo’s license on conditions he complete six hours of continuing legal education on law office management, the opinion reads. He was also placed on one year of monitored probation.