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Lawyer who filed nearly identical briefs in 31 appeals gets stayed suspension

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An Ohio solo practitioner who filed nearly identical briefs in 31 criminal appeals following guilty pleas has received a stayed two-year suspension.

Lawyer Douglas Alan Milhoan of Middlebranch, Ohio, argued in those appeals that the prison sentence given to his court-appointed clients imposed “an unnecessary burden on state’s resources,” according to the Ohio Supreme Court opinion (PDF) imposing a stayed two-year suspension. The Legal Profession Blog has highlights.

The briefs differed in case-specific information, but all were 10 pages long, repeated the same grammatical errors, failed to include information why incarceration would burden the state, and failed to cite any case law in support of the argument, the Ohio Supreme Court said.

Though the 31 briefs were essentially identical, in 29 of the cases Milhoan had sought extensions of time for filing, according to the court.

Milhoan submitted fee applications in 28 of the cases for an average of 18.49 hours per case, amounting to $924.50 per case. After learning of an investigation, he elected not to file fee applications in about 12 pending appeals he had been appointed to handle.

Milhoan now admits it would have been better to file “Anders briefs” in many of the cases, the opinion says. Anders briefs, the court explains, are named for a U.S. Supreme Court decision allowing lawyers who deem a criminal appeal to be frivolous to notify the court and file a brief that identifies anything in the record that could arguably support an appeal.

There was no evidence any clients suffered harm as a result of the conduct, the court said.

Milhoan told disciplinary officials he had been drinking excessively at the time but had stopped drinking in 2011. His alcohol abuse arose during several challenges in his personal life, including acting as primary caretaker of his mother after she suffered a stroke. He had no prior disciplinary record.

The Ohio Supreme Court said Milhoan’s suspension would be stayed for two years as long as he commits no further misconduct, abides by his contract with the Ohio Lawyers Assistance Program, and makes restitution to the Ohio Public Defender’s Office and the Ashland County auditor.

Milhoan did not immediately respond to a request for comment.