- Lawyer substituted product code labels at Walmart
- This violates prohibition on committing fraud, state supreme court said
An Ohio attorney who put price tags from cheaper items on more expensive ones at Walmart and then checked them out was given a one-year stayed suspension by the state supreme court.
These acts violated professional conduct rules prohibiting a lawyer from committing an illegal act that reflects adversely on the lawyer’s honesty and from engaging in conduct involving fraud, the Supreme Court of Ohio’s Dec. 18 opinion said.
Terrence Scott pleaded guilty to a third-degree-misdemeanor count of criminal mischief and received a suspended 10-day jail sentence and a fine of $185, the court said.
The supreme court determined that a one-year stayed suspension, rather than a stayed six-month suspension as recommended by the court’s board of professional conduct, was appropriate.
The court considered Scott’s “dishonest and selfish motive” to be an aggravating factor but noted several mitigating factors. Those included no prior disciplinary record, witnesses who testified to his good character, and that he self-reported his misconduct.
As long as Scott engages in “no further misconduct,” his suspension will be stayed, it concluded.
The case is Disciplinary Counsel v. Scott, 2019 BL 483100, Ohio, No. 2018-1435, 12/18/19.
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