Submitted September 13, 2017
Certified Report by the Board of Professional Conduct of the
Supreme Court, No. 2016-057.
Rosemary D. Welsh, Amy S. Crotty, and Edwin W. Patterson III,
Bar Counsel, for relator.
P. Weber, pro se.
1} Respondent, John Patrick Weber, last known
business address in Cincinnati, Ohio, Attorney Registration
No. 0076164, was admitted to the practice of law in Ohio in
2003. On December 10, 2015, we suspended his license for
failing to comply with the continuing-legal-education
("CLE") requirements of Gov.Bar R. X. We reinstated
him on January 25, 2016. In re Weber, 144 Ohio St.3d
1466, 2016-Ohio-240, 44 N.E.3d 293.
2} In November 2016, relator, Cincinnati Bar
Association, charged Weber with practicing law during his CLE
suspension and other professional misconduct. Weber initially
participated in the disciplinary process by meeting with
relator, appearing for a deposition, and answering the
original complaint. However, he failed to appear for his
disciplinary hearing. The Board of Professional Conduct
concluded that he engaged in the charged misconduct and
recommends that we suspend him for two years, with the second
year stayed on conditions. Neither party has objected to the
3} Based on our review of the record, we adopt the
board's findings of misconduct and recommended sanction.
I-Practicing while under a CLE suspension
4} As noted above, we suspended Weber on December
10, 2015, for failing to complete his required number of CLE
hours. This court sent notice of the suspension to the
address that Weber had registered with the Office of Attorney
Services. Weber, however, had moved in 2011 and had failed to
advise the court of his new address.
5} During his disciplinary proceedings, Weber
admitted that in early January 2016-while he was under
suspension but before receiving notice of the suspension-he
had represented multiple clients in Hamilton County courts.
Based on this conduct, the board found that by failing to
notify the Office of Attorney Services of changes to his
contact information, he violated Gov.Bar R. VI(4)(B)
(requiring attorneys to notify the Office of Attorney
Services of any change in the information recorded on their
certificates of registration) and that by representing
clients while under suspension, he engaged in the
unauthorized practice of law, see Gov.Bar R.
VII(2)(A)(3)(d) (defining the unauthorized practice of law as
rendering legal services for another by any person admitted
to the practice of law in Ohio while the person is suspended
for failure to satisfy CLE requirements); Gov.Bar R.
VII(2)(A)(4) (defining the unauthorized practice of law as
the holding out to the public or otherwise representing
oneself as authorized to practice law in Ohio by a person not
so authorized); Prof.Cond.R. 5.5(a) (prohibiting a lawyer
from practicing law in a jurisdiction in violation of the
regulation of the legal profession in that jurisdiction).
6} At Weber's deposition, he testified that he
had closed his client trust account in 2013. However, at
Weber's disciplinary hearing, relator submitted evidence
showing that Weber's trust account had, in fact, remained
open, with a running balance of $312.30. Relator also
submitted evidence showing that when Weber registered for the
2015-2017 biennium, he failed to report the existence of the
trust account and instead indicated that he was not required
to maintain such an account. And one of relator's
investigators testified that during the disciplinary process,
Weber admitted that he had (1) received flat fees from the
clients that he had represented while under his CLE