Lebanon lawyer will face disciplinary proceedings

A long-time Lebanon lawyer has been accused of misconduct in his representation of the family of an Army veteran who committed suicide after the attack on soldiers at Fort Hood, Texas, in 2009.

The Ohio Board of Professional Conduct on Monday announced David Ernst would face formal disciplinary proceedings in the case filed by the Warren County Bar Association.

Ernst is the former president of the county bar association.

“The certified complaint has been sent to the respondent, and the respondent has been directed to file an answer to the allegations contained in the complaint. Once an answer is received, the case will be assigned to a three-member hearing panel of the Board, and the hearing panel will conduct further proceedings in the case,” according to a press release issued by the Ohio Supreme Court Board of Professional Conduct.

Ernst’s lawyer, George Jonson, declined to comment, until he has filed a response to the complaint, filed on Sept. 14.

“Typically, a public hearing is scheduled within four to six months after the case is assigned to a hearing panel,” according to the press release.

“If the Board finds that a lawyer or judge has engaged in professional misconduct, the Board will file a report with the Supreme Court that includes a recommended sanction.”

The complaint was filed on behalf of Howard Berry, father of Joshua Berry, who died on Feb. 13, 2013, following the shootings at Fort Hood.

“Joshua Berry was injured while attempting to protect other innocent individuals. Joshua Berry suffered from post traumatic stress disorder (PTSD) and committed suicide,” according to the complaint.

Seven days after his son’s suicide, Howard Berry retained Ernst to settle the estate with $2,500 deposited in a bank account, rather than Ernst’s trust account, according to the complaint.

In May, Berry learned his son’s granddaughter was beneficiary to a $400,000 life insurance policy and wanted Ernst to form a trust to protect the money, according to the complaint.

In January, Howard Berry terminated Ernst and demanded the return of the retainer. Ernst sent a check from his law firm’s account, according to the complaint filed by Keith Anderson, an assistant county prosecutor representing the local bar association.

Ernst is accused of professional misconduct by failing to be diligent, consult with Berry, deposit the retainer in a trust account or to return papers or property to Berry.