Massillon attorney suspended for misconduct

Dec. 07--A Massillon attorney has been temporarily barred from practicing law for misconduct stemming from his representation of two clients.

Glen F. Buttacavoli's license has been suspended for two years with all but six months stayed by the Ohio Supreme Court. The announcement was made Thursday morning by Court News Ohio, part of the state's high court.

Conditions of the suspension include that he not engage in further misconduct and pay the costs of the proceedings. Buttacavoli's reinstatement is contingent on his providing proof that he made restitution tied to two clients totaling $12,300, according to the opinion issued by the Ohio Supreme Court.

A message seeking comment was left Thursday at Buttacavoli's law office.

A significant portion of Buttacavoli's practice is providing financial planning advice to elderly clients, mostly focused on ensuring they receive Medicaid benefits to pay for long-term care, according to the Ohio Supreme Court.

He was admitted to the practice law in 1984, according to court records. This is the second disciplinary sanction for Buttacavoli.

In 2002, the Ohio Supreme Court found he failed to disclose to his clients his financial interest in investment recommendations while acting both as the clients' lawyer and financial planner; he received a six-month fully stayed suspension, the release said.

Buttacavoli's website says he specializes in intricate aspects of legal care for seniors, including elder law, Medicaid, estate planning and wills and trusts. The website lists his law practices' service area as Wayne, Stark, Tuscarawas and Holmes counties.

In 2013 and 2014, he was charged by the Stark County Bar Association with professional misconduct regarding two clients.

Buttacavoli made a false statement to the Stark County Department of Job and Family Services; the attorney was notified that one of his client's received $8,640 in Medicaid benefits she was not entitled to collect, according to the Ohio Supreme Court. He issued a refund after the bar association notified him that a grievance had been filed against him and that his actions were reported to the Stark County prosecutor.

In 2015, Buttacavoli pleaded guilty to falsification, a first-degree misdemeanor and received a 180-day suspended jail sentence and was fined $500, according to Ohio Supreme Court records.

Buttacavoli did not properly disclose his client's complete financial assets background, which includes stocks, securities and life insurance and any such transactions dating back five years, the high court's opinion said. The missed disclosures were discovered by another attorney and later resulted in an $8,000 penalty for the client, said the news release from Court News Ohio. Buttacavoli paid the client's penalty.

Job and Family Services also had discovered another matter in which Buttacavoli made a false statement about an asset transfer to qualify a client for Medicaid, the opinion said.

Based on both matters, the Ohio Supreme Court's Board of Professional Conduct found that the attorney violated a number of professional misconduct rules, including committing an illegal act, engaging in conduct involving dishonesty, fraud, deceit or misrepresentation and charging a client a nonrefundable fee without notifying the client they they would be entitled to a refund if he did not complete the representation, according to records filed in the attorney's disciplinary matter. Buttacavoli did not object to any of the findings, according to the Ohio Supreme Court.

The attorney was cleared on two other allegations made against him.

When considering a sanction, the Board of Professional Conduct noted that Buttacavoli had a prior disciplinary record, engaged in a pattern of misconduct, committed multiple offenses and failed to make restitution. The board also found that he made full disclosure, had a cooperative attitude during the disciplinary process, presented evidence of good character and reputation and had been subjected to criminal penalties, the news release said.

Reach Ed at 330-580-8315

and [email protected]

On Twitter @ebalintREP

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