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his depo prep. Moody told Barrios this about And more: credible. Recommended violations included
written discovery: So they’re…trying to play games, Rules 3 and 8 [falsehoods], plus Rules 1.3 [lack
“[W]hat I would do is, because we’re fighting Because I played a game with her about not of diligence] and 1.4 (a) (3) [failure to keep
the bank, right, I would [vulgarity] with giving them to her. client informed]. Among several aggravating
[Sweeney] at this stage. So … I told you everything. And obviously … factors was that Moody’s “conduct toward
I completely ignored her [vulgarity] for a you don’t opposing counsel … constituted gender
few months. And I made her file a Motion want to discuss that I played a game with her disparagement.” The Board recommended
to Compel, and then I called her and said, oh, …. indefinite suspension.
yeah, I’ll get them to you in two weeks. She isn’t going to want no part of your The Court rejected Moody’s argument
And then I completely ignored her [vulgarity]. that indefinite suspension was too severe,
[vulgarity] again. And this might take all day *** [.] Yeah. emphasizing that:
So we did a telephone conference with the Because look, she’s an arrogant [vulgarity], The integrity of our profession can be
Magistrate, And I was like, oh, Your Honor, if okay?” maintained only if the conduct of the individual
only I had known… She might ask you … do you know that you attorney is above reproach.
I said ... I moved my office ***, and I didn’t were supposed to be here on, whatever the — Amen to that.
know that she was — she sent those things to she had one or two dates. Did your attorney
the wrong address. But I’ll get them out. And tell you that you were supposed to be present
I said ... this wasn’t necessary. So, I wanted to for those depositions? Yes. Brian Toohey, a retired Jones Day partner, is in solo
make her seem like an [vulgarity].” Pretty damning (not a vulgarity) stuff. practice, representing law firms and lawyers. Brian
Regarding the aborted deposition, Moody Moody justified his misdeeds, labelling them also edits “Ohio Legal Ethics Law Under the Rules of
explains: “puffing,” asserting unrecorded exculpatory Professional Conduct” (Copyright 2019 Jones Day),
“That’s why I did her like I did her. Because I statements to Barrios and blaming scheduling authored by Marc Swartzbaugh and Professor Arthur
made that problems on transitioning from a brick-and- Greenbaum, and available at http://kb.osu.edu/
[vulgarity] fly into town. And they were mortar office to a virtual one, with law-related handle/1811/61287.He has been a CMBA member
calling me and [vulgarity]. I was like, oh, I’ve communications kept only on his cell phone. since 1980. Brian can be reached at (216) 496-4363
been there. And I was in court, too. The Board found Moody’s explanations not or bftoohey@gmail.com.

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