Ohio Legal Malpractice Lawyers

Cincinnati Attorney Receives Suspension

The Supreme Court of Ohio today suspended the law license of Cincinnati attorney Jason R. Hennekes for two years for his involvement in an attempted illegal transfer of drugs and money that resulted in his conviction on a federal felony charge.

The Court's 7-0 per curiam decision imposed a sanction more severe than that suggested by the Board of Commissioners on Grievances & Discipline for Hennekes' misconduct.

Hennekes' conviction resulted from his attempt to help a friend, who was cooperating with law enforcement, and an acquaintance, who had supplied Hennekes' friend with several kilograms of cocaine. Hennekes acted as a liaison between the two in an attempt to arrange an exchange of drugs and money without detection. In September 2004, Hennekes pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute more than five kilograms of cocaine. He was sentenced to 366 days in a federal penitentiary and was incarcerated from Feb. 7, 2005, until Nov. 21, 2005, when he was discharged on parole and ordered to serve 30 days in a halfway house.

The Court agreed with the board's finding that Hennekes' actions violated DR 1-102(A)(3), which bars attorneys from engaging in illegal conduct involving moral turpitude.

In recommending a sanction, the board considered several mitigating factors, including the facts that Hennekes was never in possession of the drugs; did not receive proceeds from their sale or use narcotics; made full and free disclosure during the disciplinary process; provided evidence of good character and reputation apart from the underlying events and acknowledged the wrongfulness of his actions. In light of those considerations, and a finding that his misconduct was a unique departure from his usual competent representation, the board recommended that Hennekes receive a two-year suspension retroactive to July 8, 2004, the date on which he was arrested and closed his practice.

Quoting from a 1972 case, Cleveland Bar Assn. v. Stein, the Court wrote that: “The integrity of the profession can be maintained only if the conduct of the individual attorney is above reproach. He should refrain from any illegal conduct. Anything short of this lessens public confidence in the legal profession because obedience to the law exemplifies respect for the law.”

In imposing a two-year suspension that begins today, rather than the retroactive suspension suggested by the board, the Court wrote: “Hennekes' affront to the legal system and to the legal profession warrants a sanction that does more than permit the guilty lawyer to return to the practice of law at or about the time we pass judgment.

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