Bar Discipline and Age-Associated Cognitive Decline

A recent Ohio Supreme Court case presented a use of disciplinary procedures to address a finding of misconduct rooted in the natural aging process. In Dayton Bar Assn. v O’Neal, the 71 year old respondent was given a two-year suspension with 18 months stayed on conditions after it was found that he had mishandled and neglected a client’s legal matters. A panel-appointed physician had diagnosed O’Neal with “age-associated cognitive decline,” which the respondent referred to as an explanation for his neglect of the client’s matters. In this case, the court found that the respondent’s cognitive decline was neither a mitigating factor nor did it qualify as a mental illness.