BEFORE THE BOARD OF COMMISSIONERSON

GRIEVANCES AND DISCIPLINEOF

THE SUPREME COURT OF OHIO

In Re

Complaint against

James Jonathan WhitfieldAttorney Reg. No. 0080720

Responden

Disciplinary Counsel

Relator

Case No. 10-078

Findings of Fact,Conclusions of Law and

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mendation of theBoar of Commissioners onGrie ances and Discipline ofthe S preme Court of Ohio

CLERK OF COURTSUPREME COURT OF OHIO

DISCIPLINE BY CONSENT

1. This matter was considered by a panel consisting of Martha Butler Clark, Keith

A. Sommer and John A. Polito, Chair. None of the panel members is from the appellate district

from which the complaint arose or served on the probable cause panel that certified this matter to

the Board.

2. On November 23, 2010, the parties timely filed an Agreement for Consent to

Discipline ("Agreement"), pursuant to BCGD Proc. Reg. Section 11, a copy of which is attached

as Exhibit 1.

3. Relator, Disciplinary Counsel is presented by Jonathan E. Coughlan and Carol A.

Costa. Respondent, James J. Whitfield is representing himself.

4. By the attached Agreement and Affidavit, Respondent admits to violating the

Ohio Ruies of Professional Conduct, specifically Prof. Cond. R. 8.4(h) (conduct that adversely

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reflects on the lawyer's fitness to practice law) and 5.5(a) (a lawyer shall not practice in a

jurisdiction in violation of the rules of the legal profession in that jurisdiction).

5. Respondent, James J. Whitfield, was admitted to the practice of law in the State of

Ohio on November 6, 2006. Respondent is subject to the Ohio Rules of Professional Conduct.

6. At all relevant times Respondent was an attorney employed at the Talbert House

in Cincinnati as a legal services coordinator.

7. On or about April 10, 2009, Respondent was involved in an altercation with

another man in a bar that resulted in the other man, Scott Brown, sustaining serious injuries

including facial lacerations.

8. On April 17, 2009, Respondent was indicted on two counts of felonious assault

including aggravated assault for the use of a glass bottle as a bludgeon in violation of R.C.

2903.12(A)(2).

9. On Apri123, 2009, Scott Brown filed a civil lawsuit against Respondent in the

Hamilton County Common Pleas Court. The case was pending as of the date the Agreement was

filed with the Board.

10. Respondent pled guilty to one felony count of aggravated assault on February 24,

2010, and was sentenced on April 14, 2010, to 90 days in the county jail and two years of

community control.

11. Respondent self reported his misconduct to Relator on February 28, 2010.

12. Respondent was suspended from the practice of law on May 24, 2010, for an

interim period pursuant to Gov. Bar R. V(5)(A)(4).

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13. The violation of Prof Cond. R. 5.5(a) involves Respondent's representation of

Everett L. Gregory in the Kenton Circuit Family Court Division in the Commonwealth of

Kentucky.

14. Respondent was not admitted to the Kentucky Bar yet entered an appearance as

counsel and filed pleadings in addition to appearing in court on November 12, 2009.

15. Relator and Respondent agree that the following mitigating factors are present:

A. Respondent has no prior disciplinary record;

B. Respondent provided full and free disclosure to Relator during theinvestigation and has displayed a cooperative attitude toward theseproceedings. Additionally at Relator's request, Respondent underwent anOhio Lawyers' Assistance Program evaluation which indicated nochemical or substance abuse or mental health issues that would havecontributed to the misconduct;

C. Absence of a dishonest or selfish motive; and

D. Other penalties and sanctions have been imposed.

16. No aggravating factors were presented except for the physical harm to the assault

victim that is the subject matter of a civil suit.

17. Respondent has filed an appropriate affidavit in compliance with BCGD Proc.

Reg. 11(B) in which he admits to the misconduct, material facts and sanction.

18. Relying on Disciplinary Counsel v. Goodall, 103 Ohio St.3d. 501, 2004-Ohio-

5583, the panel accepts the jointly recommended sanction of a one year suspension with six

months stayed with the suspension date retroactive to May 24, 2010, the date of the interim

felony suspension.

BOARD RECOMMENDATION

Pursuant to Gov. Bar Rule V (6)(L), the Board of Commissioners on Grievances and

Discipline of the Supreme Court of Ohio considered this matter on February 11, 2011. The

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Board voted to accept and adopt the agreement entered into by the Relator and Respondent. The

agreement sets forth the misconduct and the sanction of a one year suspension with six months

stayed with credit for time served for his interim suspension and that is recommended by the

Board. The Board further recommends that the cost of these proceedings be taxed to the

Respondent in any disciplinary order entered, so that execution may issue.

Pursuant to the order of the Board of Commissioners onGrievances and Discipline of the Supreme Court of Ohio,I hereby certify the foregoing Findings of Fact Conclusions

of Law, and Recommendati9ts as thrS oWe lioar

WW. MARSHALI:, SecrLtaryBoard of Commissioners onGrievances and Discipline ofthe Supreme Court of Ohio

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BEFORE THE BOARD OF COMMISSIONERSON GRIEVANCES AND DISCIPLINE OF

THE SUPREME COURT OF OHIO

In re:James Jonathan Whitfield, Esq.6028 Ridge Avenue Second FloorCincinnati, OH 45213

Attorney Reg. No. 0080720

Respondent,

. ADDENDUM TO AGREEMENT FOR

. CONSENT TO DISCIPLINE

@^tlw..EJ

BOARD OF C iIV9i0ISSIONk:fiiSON CaR!EVAfvCES +? L1It4CiF'LiNlF, .

Disciplinary Counsel250 Civic Center Drive, Suite 325Columbus, Ohio 43215-7411

Relator.

Case No. 10-078

ADDENDUM TO AGREEMENT FOR CONSENT TO DISCIPLINE

Now comes the relator and hereby files an Addendum to the Agreement for Consent to

Discipline filed with the Board of Commissioners on Grievances and Discipline on November

23, 2010. The agreement was timely filed within the deadline, but the exhibits which were filed

on November 23, 2010 were inadvertently copies rather than originals. Relator thus hereby

submits the original exhibits to the Board for consideration. Nothing has been added or changed

to these exhibits from those previously filed.

Respectfully submitted,

Jonathanvoughlan (0026424Disciplini Counsel

L_Carol A. Costa (0046556)Assistant Disciplinary Counsel250 Civic Center Drive, Suite 325Columbus, Ohio 43215-7411(614)461-0256

Certificate of Service

I hereby certify that the foregoing Addendum to Agreement for Consent to Discipline

was served via U.S. Mail, postage prepaid, this 6th day of December, 2010, upon James Jonathan

Whitfield, Esq., 6028 Ridge Avenue Second Floor, Cincinnati, OH 45213.

Carol A. CostaCounsel for Relator

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BEFORE THE BOARD OF COMMISSIONERSON GRIEVANCES AND DISCIPLINE OF

THE SUPREME COURT OF OHIO

In re:James Jonathan Whitfield, Esq.6028 Ridge Avenue Second FloorCincinnati, OH 45213

Attorney Reg. No. 0080720

Respondent,

Disciplinary Counsel250 Civic Center Drive, Suite 325Columbus, Ohio 43215-7411

Relator.

AGREEMENT FOR CONSENT TO. DISCIPLINE

Case No. 10-078

AGREEMENT FOR CONSENT TO DISCIPLINE

FILEE"NOV 2 3 2010

dflARD OF COMMISSIONERSON G91IEUANCES & DISCIPLINE

INTRODUCTION

Relator, Disciplinary Counsel, and respondent, James Jonathan Whitfield, do hereby

stipulate to the admission of the following facts, mitigation, recommended sanction, and exhibits.

STIPULATED FACTS

COUNT ONE

1. Respondent, James Jonathan Whitfield, was admitted to the practice of law in the state of

Ohio on November 6, 2006, and is thus subject to the Ohio Rules of Professional Conduct

and the Supreme Court Rules for the Govemment of the Bar of Ohio.

2. On or about April 10, 2009 respondent was involved in an altercation with another man,

Scott Brown, which resulted in the victim sustaining serious injuries, including two facial

lacerations, and a piece of glass in the eye.

3. On April 17, 2009 respondent was indicted on two counts of felonious assault.

4. The first count of the indictment alleged that respondent knowingly caused or attempted to

cause physical harm to Scott Brown by means of a deadly weapon or dangerous ordinance, to

wit: a glass bottle used as a bludgeon in violation of O.R.C. 2903.12(A)(2) (Aggravated

assault.

5. The second count of the indictment alleged that respondent knowingly caused serious

physical ham-i to Scott Brown in violation of O.R.C. 2903.11(A)(1) (Felonious assault.

6. On April 23, 2009, a civil complaint was filed by Scott Brown against respondent as a result

of the assault. That matter is still pending in the Hamilton County Court of Common Pleas.

7. On February 24, 2010 respondent entered a plea of guilty to Count One aggravated assault, a

felony, in violation of O.R.C. 2903.12(A)(2). (The felonious assault charge was dismissed).

8. On February 28, 2010 respondent self-reported his misconduct to relator.

9. On April 14, 2010 respondent was sentenced to a period of two years of cominunity control.

10. On May 24, 2010 respondent was suspended from the practice of law for an interim period

pursuant to Gov. Bar R. V(5)(A)(4).

11. Respondent's conduct violates the Ohio Rules of Professional Conduct, specifically: Prof.

Cond. R. 8.4(h) (a lawyer shall not engage in conduct that adversely reflects on the lawyer's

fitness to practice law).

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COUNT TWO

12. At all relevant times, respondent was an active attorney working at the Talbert House in

Cincinnati, Ohio as a legal services coordinator.

13. Respondent represented Everett L. Gregory in the Kenton Circuit Court, Family Court

Division, in the Commonwealth of Kentucky, regarding a paternity case.

14. Respondent signed an entry of appearance, a request for genetic testing, and a stipulation and

agreed order regarding genetic testing which were filed on November 12, 2009.

15. Respondent was also served, as counsel of record, with a notice of a pre-trial conference and

pre-trial documents in December 2009.

16. Respondent was not and is not licensed to practice law in the state of Kentucky.

17. Respondent's conduct violates the Ohio Rules of Professional Conduct, specifically: Prof.

Cond. R. 5.5(a) (A lawyer shall not practice law in a jurisdiction in violation of the regulation

of the legal profession in that jurisdiction); and Prof. Cond. R. 8.4(h) (A lawyer shall not

engage in any other conduct that adversely reflects on the lawyer's fitness to practice law).

STIPULATED MITIGATION

1. Respondent has no prior disciplinary record.

2. Respondent provided full and free disclosure to relator during its investigation and has

displayed a cooperative attitude toward these proceedings. Additionally, at relator's

request, respondent underwent an evaluation from the Ohio Lawyers Assitance Program,

which indicated no chemical/substance abuse issues or mental health issues which would

have contributed to the misconduct.

3. Absence of a dishonest or selfish motive.

4. Other penalties and sanctions have been imposed.

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RECOMMENDED SANCTION

Relator and respondent jointly recommend a one-year suspension with six months

stayed, retroactive to the date of the interim felony suspension, May 24, 2010.

CASE LAW

In Disciplinary Counsel vs. Goodall, 103 Ohio St.3d, 501, 2004-Ohio-5583, the Supreme

Court held that a six-month suspension, with credit for the time the attomey was under an

interim felony suspension, was warranted. In Goodall, the attorney threw a bottle and injured her

husband, which resulted in a felony conviction for fourth degree aggravated assault. The

difference in the recommendation here and that in the Goodall case is based on the fact that this

matter involves a two-count complaint, but does not involve more egregious circumstances

warranting a more lengthy suspension. (See e.g. Muskingum Cty Bar Assn. v. Workman, (1985)

17 Ohio St.3d. 95, one year actual suspension, after several previous similar incidents of

assaulting a former girlfriend; Cincinnati Bar Assn. v. Holcombe, (2001) 93 Ohio St.3d. 141,

indefinite suspension warranted for attomey's conviction of felonious assault; Disciplinary

Counsel v. Cushion, (2001) 92 Ohio St.3d, 144, indefinite suspension for conviction of felonious

assault, canying a concealed weapon, discharging a firearm while under the influence, and

driving under the influence).

STIPULATED EXHIBITS

1. Attorney Registration records

2. Indictment, Hamilton County Court of Common Pleas

3. Guilty Plea

4. Judgment Entiy

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5. Respondent's letter to relator of Februaiy 28, 2010

6. Entry of May 24, 2010 suspending respondent for an interim period

7. Grievance filed against respondent by Tiesha Smalls with attachments

8. Docket, Brown v. Whitfield, case number A0904067, Hamilton County Court of Common

Pleas

9. Respondent's deposition

10. September 29, 2010 letter from Megan Snyder of the Ohio Lawyers Assistance Program

11. Affidavit of respondent

CONCLUSION

The above are stipulated to and entered into by agreement by the undersigned parties on

this day of A- avte-, 4^- , 2010.

Jo than Eghtdrr(0626424)

Disciplinary o nselEl,bf OhioSupreme C u

250 Civic Center Drive, Suite 325Columbus, Ohio 43215(614)461-0256(614)461-7205(f)

Carol A. Costa (0046556)Disciplinary CounselSupreme Court of Ohio250 Civic Center Drive, Suite 325Columbus, Ohio 43215(614)461-0256(614)461-7205(f)

Relator.Counsel for Relator.

Respondent.

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BEFORE THE BOARD OF COMMISSIONERSON GRIEVANCES AND DISCIPLINE OF

THE SUPREME COURT OF OHIO

In re:James Jonathan Whitfield, Esq. . AFFIDAVIT OF RESPONDENT

6028 Ridge Avenue Second Floor

Cincinnati, OH 45213

Attorney Reg. No. 0080720

Respondent,

Disciplinary Counsel250 Civic Center Drive, Suite 325Columbus, Ohio 432 1 5-741 1

Case No. 10-078

Relator.

STATE OF OHIO )) ss:

COUNTY OF

James Jonathan Whitfield, being first duly swom, deposes and states the

following:

1. I have personal knowledge of the facts set forth in this affidavit and the

foregoing Consent Agreement.

2. I am over 18 years of age.

3. I am competent to enter into the foregoing Consent Agreement and

stipulations.

4. I was admitted to the practice of law in the state of Ohio on November 6,

2006.

Exhibit 11

5. I am subject to the Code of Professional Responsibility, the Ohio Rules of

Professional Conduct, and the Supreme Court Rules for the Government

of the Bar of Ohio.

6. I admit committing the misconduct outlined in this Consent Agreement. I

understand that my admission is conditioned upon acceptance of this

Agreement by the Board.

7. I acknowledge that grounds exist for the imposition of a sanction against

me for the misconduct.

8. This Consent Agreement sets forth all grounds for discipline currently

pending before the board.

9. I admit to the truth of the material facts of the misconduct listed in this

agreement.

10. I agree to the sanction recommended to the board by this agreement.

11. These admissions in this agreement are freely and voluntarily given,

without coercion or duress.

12. I am fully aware of the implications of this admission and this agreement

on my ability to practice law in the state of Ohio.

13. I understand that the Supreme Court of Ohio has the final authority to

determine the appropriate sanction of misconduct to which I have

committed.

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FURTHER AFFIANT SAYETH NAUGHT.

James Jonathan 'Whitfiel

SWORN TO BEFORE ME AND SUBSCRIBED IN MY PRESENCE THIS

1A DAYOF )WAP^'+L1r 2010.

Notary Public

x^...^'s; Cbtt VtE^^

^.JvlFw

My commission expires 4L-

3

In re:

Complaint against

BEFORE THE BOARD OF COMMISSIONI;W^,`'EIVED

ON GRIEVANCES AND DISCIPLINE OFTHE SUPREME COURT OF OHIO AUG _ 42010

James Jonathan Whitffeld,,Esq.419 Hopkins #2Cincinnati, OH 45203

Attorney Registration No. (0080720)

Respondent,

Disciplinary Counsel250 Civic Center Drive, Suite 325Columbus, Ohio 43215-7411

Relator.

BOARD OF COMMISSIONERSON GRIEVANCES & DISCIPLINE

COMPLAINT AND CERTIFICATE

(Rule V of the Supreme Court Rules forthe Government of the Bar of Ohio.)

Now comes the relator, Disciplinary Counsel, and alleges that James Jonathan Whitfield,

an attorney at law, duly admitted to the practice of law in the state of Ohio is guilty of the

following misconduct:

1. Respondent, James Jonathan Whitfield, was admitted to the practice of law in the state of

Ohio on Noven7ber 6, 2006, and is thus subject to the Ohio Rules of Professional

Conduct and the Supreme Court Rules for the Government of the Bar of Ohio.

2. On or about April 10, 2009 respondent was involved in an altercation with another man

which resulted in the victim sustaining serious injuries.

3. On April 17, 2009 respondent was indicted on two counts of felonious assault.

4. The first count of the indictment alleged that respondent knowingly caused or attempted

to cause physical harm to Scott Brown by means of a deadly weapon or dangerous

ordinance, to wit: a glass bottle used as a bludgeon in violation of O.R.C. 2903.11(A)(2).

5. The second count of the indictment alleged that respondent knowingly caused serious

physical harm to Scott Brown in violation of O.R.C. 2903.11(A)(1).

6. On February 24, 2010 respondent entered a plea of guilty to one count of aggravated

assault, a felony, in violation of O.R.C. 2903.12(A)(2). (The felonious assault charges

were dismissed).

7. On February 28, 2010 respondent self-reported his misconduct to relator.

8. On April 14, 2010 respondent was sentenced to a period of two years of community

control.

9. On May 24, 2010 respondent was suspended from the practice of law for an interim

period pursuant to Gov. Bar R. V(5)(A)(4).

10. Respondent's conduct violates the Ohio Rules of Professional Conduct, specifically: Prof.

Cond. R. 8.4(h) (a lawyer shall not engage in conduct that adversely reflects on the

lawyer's fitness to practice law).

COUNT TWO

11. At all relevant times, respondent was an active attorney working at the Talbert House in

Cincinnati, Ohio as a legal services coordinator.

12. Respondent represented Everett L. Gregory in the Kenton Circuit Court, Family Court

Division, in the Commonwealth of Kentucky, regarding a paternity case.

13. Respondent signed an entry of appearance, a request for genetic testing, and a stipulation

and agreed order regarding genetic testing which were filed on November 12, 2009.

14. Respondent was also served, as counsel of record, with a notice of a pre-trial conference

and pre-trial documents in December 2009.

15. Respondent was not and is not licensed to practice law in the state of Kentucky.

16. Respondent's conduct violates the Ohio Rules of Professional Conduct, specifically: Prof.

Cond. R. 5.5(a) (A lawyer shall not practice law in a jurisdiction in violation of the

regulation of the legal profession in that jurisdiction); and Prof. Cond. R. 8.4(h) (A

lawyer shall not engage in any other conduct that adversely reflects on the lawyer's

fitness to practice law).

CONCLUSION

Wherefore, pursuant to Gov. Bar R. V, the Code of Professional Responsibility and Rules

of Professional Conduct, relator alleges that respondent is chargeable with misconduct; therefore,

relator requests that respondent be disciplined pursuant to Rule V of the Rules of the

Government of the Bar of Ohio.

Jona"than E. Co hlan (0 26424)Disciplinary ousel

Carol A. Costa (0046556)Assistant Disciplinary Counsel250 Civic Center Drive, Suite 325Columbus, Ohio 43215-7411(614)461-0256

CERTIFICATE

The undersigned, Jonathan E. Coughlan, Disciplinary Counsel, of the Office of

Disciplinary Counsel of the Supreme Court of Ohio hereby certifies that Carol A. Costa is duly

authorized to represent relator in the premises and has accepted the responsibility of prosecuting

the complaint to its conclusion. After investigation, relator believes reasonable cause exists to

warrant a hearing on such complaint.

Dated: August 4, 2010

JonaMari E. Cou)gb^n, Disciplinary Counsel

Gov. Bar R. V, § 4(1) Requiren:entsfor Filing a Complaint.

(I) Definition. "Complaint" means a formal written allegation of misconduct or mental illness of a

person designated as the respondent.a**(7) Complaint Filed by Certified Grievance Committee. Six copies of all complaints shall be filedwith the Secretary of the Board. Complaints filed by a Certified Grievance Committee shall be filed inthe name of the committee as relator. The complaint shall not be accepted for filing unless signed by oneor more attorneys admitted to the practice of law in Ohio, who shall be counsel for the relator. Thecomplaint shall be accompanied by a written certification, signed by the president, secretary, or chair ofthe Certified Grievance Committee, that the counsel are authorized to represent the relator in the actionand have accepted the responsibility of prosecuting the complaint to conclusion. The certification shallconstitute the authorization of the counsel to represent the relator in the action as fully and completely asif designated and appointed by order of the Supreme Court with all the privileges and immunities of anofficer of the Supreme Court. The coniplaint also may be signed by the grievant.(8) Complaint Filed by Disciplinary Counsel. Six copies of all complaints shall be filed with theSecretary of the Board. Complaints filed by the Disciplinary Counsel shall be filed in the name of the

Disciplinary Counsel as relator.(9) Service. Upon the filing of a complaint with the Secretary of the Board, the relator shall forwarda copy of the complaint to the Disciplinary Counsel, the Certified Grievance Committee of the Ohio StateBar Association, the local bar association, and any Certified Grievance Committee serving the county orcounties in which the respondent resides and maintains an office and for the county from which the

complaint arose.