High court issues stayed suspension of law license of former Campbell law director
YOUNGSTOWN — The Ohio Supreme Court has issued a stayed six-month suspension of the law license of a former Campbell law director for professional misconduct in his private practice.
The Supreme Court found that Brian J. Macala of Salem committed three ethics violations when he forged the signatures of family members he represented in Mahoning County Probate Court. He was fired by the executor of the two estates after the forgeries were discovered by his clients.
The conduct violations are “communication”: a lawyer shall keep the client reasonably informed about the status of a legal matter; “candor toward the tribunal”: a lawyer shall not knowingly make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to a tribunal by a lawyer; and “professional misconduct”: engage in conduct involving dishonesty, fraud or misrepresentation.
Macala urged the Supreme Court to adopt an Ohio Supreme Court Board of Professional Conduct recommendation that he be publicly reprimanded. The Mahoning County Bar Association, which filed the complaint against Macala in 2023, suggested that Macala receive a one-year, fully stayed suspension.
The Court found Macala’s “misguided effort to obtain additional time to provide a complete accounting of the estate’s assets to the probate court” warranted a greater sanction than Macala sought, but less than what the bar association proposed.
Macala lost to Mark J. Kolnacic in the November 2023 race for Campbell law director.
The complaint filed by the Mahoning County Bar Association against Macala, for a case from his private law practice in Salem, states that on May 17, 2022, he signed the names of five people on probate filings regarding two estates in order to get a time extension.
No money was paid to Macala prior to his termination, according to a joint filing by David C. Comstock Jr., representing the Mahoning County Bar Association, and John B. Juhasz, Macala’s attorney.
That filing also stated Macala has no prior disciplinary record and “has made full and free disclosure to the bar investigator, to relator (the bar association) and to the board and exhibited a cooperative attitude toward the proceedings,” and “is of good character and reputation.”
Macala also apologized to the executor / fiduciary of the two estates “for his actions and expressed an understanding of (her) decision to terminate him regarding the forgeries,” the joint filing reads.
A filing by Comstock states it is believed that Macala’s “isolated conduct is unlikely to be repeated,” and asked for a “one-year suspension, fully stayed on the condition he engage in no further misconduct.”
Juhasz requested a public reprimand for Macala because of his lack of prior discipline, he disclosed what happened to the bar association and cooperated, his good character and reputation, the conduct did not involve his public office, his genuine remorse and the estates were not impacted by his acts.
The Supreme Court stated that if Macala commits any further misconduct, the stay will be lifted, and he must serve the suspension. The Court also ordered him to pay the costs of the disciplinary proceedings.
Contact Ed Runyan by email at erunyan@vindy.com.