On Wednesday, March 20, 2024, the Supreme Court of Ohio issued a ruling suspending attorney David Edmund Stenson from practicing law for one year, with six months conditionally stayed.
The case is entitled “Cincinnati Bar Assn. v. Stenson,” with case no. 2023-0041.
The charges cited Ohio Rules of Professional Conduct 1.3, 1.4(c), 1.4(a)(2), 1.4(a)(3), and 1.4(a)(4).
According to the court decision, Stenson was found to have committed multiple violations of Ohio’s rules of professional conduct in relation to his representation of two clients in separate matters.
The first matter involved Stenson’s work for Shaunice Grim administering the estate of her late mother beginning in May 2020. Stenson failed to promptly file the required paperwork, leading to multiple delinquency notices and orders from the Hamilton County Probate Court over the next year and a half. He also did not maintain proper client records or keep the unearned portion of Grim’s retainer in a dedicated client trust account.
In the second case, Stenson agreed to represent Arnesta Russell regarding injuries sustained in a fall at a Macy’s store in August 2020. However, he had minimal contact with Russell over the following year, missing the statute of limitations on her personal injury claim without informing her. Stenson did not properly communicate with Russell about the status of the case.
As mitigating factors, the court recognized that Stenson did not act with a dishonest or selfish motive in either matter. However, aggravating circumstances included Stenson’s prior six-month suspended suspension in 2014 for similar misconduct. He also refused to acknowledge the problematic nature of his actions, instead attempting to blame his clients.
Additionally, Stenson’s actions directly harmed Russell by barring her personal injury claim due to the expired statute of limitations. His conduct was also substantially similar to his past offenses, indicating the previous sanction was insufficient to deter future misconduct.
After considering precedent, the Supreme Court suspended Stenson for one year. However, the last six months of the suspension will be stayed if Stenson completes the requirements, including continuing legal education classes on law office management and a client trust account training program. He must also submit to an assessment by the Ohio Lawyers Assistance Program.
Upon reinstatement, Stenson will be on one year of monitored probation focused on proper legal practice management and client account oversight.
The Disposition states:
“Accordingly, David Edmund Stenson is hereby suspended from the practice of law in Ohio for one year with six months stayed on the condition that he engage in no further misconduct. If Stenson fails to comply with the condition of the stay, the stay will be lifted and he will be required to serve the full one-year suspension.”
According to avvo.com, Mr. Stenson is a bankruptcy & debt attorney in Dayton, Ohio. He attended the University of Cincinnati College of Law. He acquired his law license in Ohio in 1989.
A copy of the original filing can be found here.
