IN RE: JASON BRUZIK (2023)

I agree that respondent violated the Rules of Professional Conduct and that discipline is appropriate. However, I find any violations fully mitigated. The investigation of a professional is the exercise of an awesome power with the potential for career altering effects. That power must be exercised judiciously, efficiently and timely.

The ODC began investigating this matter in 2013, having received information suggesting that respondent was operating with an improper fee structure, a serious matter. Respondent answered the ODC's inquiry and in November 2013 provided them with a sworn statement. In December 2013, he revised his fee agreement and notified his clients.

Yet, an audit was not performed by the ODC until February 2017. At that time the ODC believed respondent could not account for $40,896.13, representing unearned fees and unused costs that were not in his trust account. They were wrong, and respondent provided documentation for all but $3,524.50. After responding to the four-year delayed audit, respondent heard nothing from the ODC until he was formally charged with these violations in March 2021.

Respondent does not admit that the $3,524.50 are not earned fees, but after many years, and unlike the remaining $37,371.63 he was accused of not earning, he cannot produce documentation proving that fact. I find the remaining amount that cannot be accounted for fully mitigated by the inexcusable investigation delay of roughly a decade.

A delayed investigation can be abusive. I believe the nearly ten years that this process has burdened this attorney is itself a form of punishment. Attorneys are bound by ethical rules which must be honored and complied with every day and in every detail of their professional lives. Those rules and the oath which enables them are the foundation of our profession and the public's confidence in it. The firm, but fair, enforcement of those rules is a critical responsibility of all lawyers. Thus, the reporting obligations for lawyers who observe or are aware of potential violations. But when the discipline enforcement power is abused, the entire ethical mosaic begins to erode. We must be vigilant in protecting against that.

I respect the work of the ODC, and I am certain that a supporting timeline can be constructed to argue justification for these delays. But, ten years to conclude this matter is too long, and in my opinion, professionally indefensible. The Board found the following additional mitigating factors, with which I agree: no prior disciplinary history, inexperience in the practice of law, full and free disclosure during the proceedings, and cooperation. Coupled with the investigation delays, these factors are fully mitigating.

Therefore, I dissent and would impose a public reprimand as appropriate discipline.

CRAIN, J. dissents and assigns reasons.