Cicero did so by sending emails to Tressel in which Cicero disclosed information he had received from Edward Rife, the owner of a tattoo parlor frequented by OSU football players, according to court records. Rife had consulted with Cicero about possible representation in a federal investigation of Rife’s alleged involvement in drug trafficking.
In those emails, Cicero told Tressel that a number of his players had apparently given or sold team memorabilia to Rife in exchange for tattoos, according to court documents. Dozens of those items, including Big Ten championship rings and athletic jerseys and shoes autographed by the players, were confiscated by federal authorities during a raid on Rife’s home, the emails said.
Though Rife was ultimately represented by a different attorney and never retained Cicero’s services, Cicero failed to maintain the confidentiality of information gained through consultation with a prospective client. The board also found that Cicero had engaged in conduct that reflected adversely on his fitness to practice law.
Justice Judith Ann Lanzinger, who wrote the majority opinion, rejected Cicero’s argument that Rife had not been a prospective client.
“The two discussed the possibility of a client-lawyer relationship” Lanzinger wrote. “Cicero admitted this in his e-mails to Tressel, and Rife testified as to the discussion.”
Rife’s testimony was corroborated by his attorney, Stephen Palmer, who testified that Rife had told him soon after the meeting with Cicero that Cicero had quoted him a fee, Lanzinger wrote.
“This case goes to the very heart of confidentiality between a prospective client and an attorney,” Lanzinger wrote. “Prospective clients trust that their confidences will be protected when they engage in an initial consultation with an attorney.”
This is Cicero’s second suspension for misconduct, the first being in 1997, according to court records.
Justice Lanzinger’s opinion was joined by Chief Justice Maureen O’Connor and Justices Paul E. Pfeifer, Robert R. Cupp and Yvette McGee Brown.
In her dissent, Justice Evelyn Lundberg Stratton agreed with the rule violations found by the majority. But Stratton wrote that a six-month license suspension would be the appropriate sanction. Justice Terrence O’Donnell joined that dissent.
“Cicero’s intentions were not for personal aggrandizement or personal gain, as found by the majority, but were to alert the coach about misconduct by his players that could affect the team,” Stratton wrote. “His request that such information be held confidential does not support the notion that he was trying to seek fame.”