Akron Bar Ass'n v. Shenise

34 N.E.3d 910, 143 Ohio St. 3d 134
CourtOhio Supreme Court
DecidedApril 29, 2015
DocketNo. 2014-1388
StatusPublished
Cited by3 cases

This text of 34 N.E.3d 910 (Akron Bar Ass'n v. Shenise) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Akron Bar Ass'n v. Shenise, 34 N.E.3d 910, 143 Ohio St. 3d 134 (Ohio 2015).

Opinion

Per Curiam.

{¶ 1} Respondent, Larry Dean Shenise of Tallmadge, Ohio, Attorney Registration No. 0068461, was admitted to the practice of law in Ohio in 1997.

{¶ 2} On June 10, 2013, a probable-cause panel of the Board of Commissioners on Grievances and Discipline1 certified a three-count complaint against Shenise to the board, alleging that he had committed multiple violations of the Rules of Professional Conduct by failing to advise two clients that he did not carry professional liability insurance, failing to adequately advise those clients about their case and the consequences of his failure to respond to various motions and comply with court orders, and making false statements to a local newspaper reporter that were degrading to a tribunal. In his answer, Shenise admitted many of the factual allegations in the complaint but denied that his conduct violated the Rules of Professional Conduct.

{¶ 3} The panel conducted a hearing and heard testimony from nine witnesses, including Shenise, the affected clients, and Judge Paul Gallagher. Later, the [135]*135panel issued a report making findings of fact, concluding that Shenise violated nine Rules of Professional Conduct, and recommending that he be suspended from the practice of law for two years, all stayed on conditions. In a separate entry, the panel unanimously dismissed eight alleged violations that it found relator had failed to prove by clear and convincing evidence. The board adopted the panel’s findings of fact, conclusions of law, and recommended sanction. Shenise objects to the board’s findings of fact and misconduct and argues that the recommended sanction is too harsh.

{¶ 4} We adopt the board’s findings of fact and misconduct with respect to Counts I (professional liability insurance) and II (incompetence, neglect, and failure to communicate). We find, however, that Shenise’s statements to an Akron Beacon Journal reporter to the effect that he had not received notice of a contempt hearing or a telephone call from the court before a warrant was issued against his client were not degrading to the tribunal. Therefore, we sustain Shenise’s objections in part, dismiss the alleged violation of Prof.Cond.R. 3.5(a) (prohibiting a lawyer from engaging in undignified or discourteous conduct that is degrading to a tribunal), and agree that a public reprimand is the appropriate sanction for his misconduct.

Misconduct

Count I — Professional Liability Insurance

{¶ 5} In its complaint, relator alleged that Shenise allowed his professional liability insurance to lapse and failed to advise his clients and obtain a written acknowledgment of this fact. Shenise admitted the truth of those allegations in his answer and in his testimony, and the board found that he violated Prof. Cond.R. 1.4(c) (requiring a lawyer to inform the client if the lawyer does not maintain professional liability insurance and obtain a signed acknowledgment of that notice from the client). We adopt these findings of fact and misconduct.

Count II — Incompetence, Neglect, and Failure to Communicate

{¶ 6} William Little stopped paying rent on a ten-year lease after he attempted to exercise his option to purchase the property and the lessor was unable to transfer clear title. William retained Shenise to defend him and his father, Leonard, who had cosigned the lease, against the resulting eviction claim filed in the Akron Municipal Court and to pursue a counterclaim for fraud and damages arising from the lessor’s breach of contract. Because their counterclaim sought damages in excess of the municipal court’s jurisdiction, the case was transferred to the Summit County Court of Common Pleas and assigned to Judge Paul Gallagher.

[136]*136{¶ 7} Judge Gallagher permitted an assignee of the first mortgage on the leased premises to intervene in the action, bifurcated the trial to separately address assignee’s claim for past and future rents and the Littles’ counterclaim for damages, and ordered that if rent was paid, it was to be escrowed with the court. Shenise did not oppose the assignee’s motions. The court later granted the assignee’s motion for summary judgment and issued a judgment against the Littles for $114,345. The assignee moved to declare the summary judgment a final, appealable order and served Shenise with a notice to take the Littles’ depositions and a request for production of financial documents. The board found that Shenise did not respond to the motion, the deposition notice, or a subsequent motion to compel discovery. It also found that he failed to advise his clients that they were required to make themselves available for deposition and to produce financial documents, or that the court had ordered them to reimburse the assignee $410 for its legal fees. Although Shenise attempted to appeal the final judgment, his appeal was dismissed as untimely.

{¶ 8} On March 17, 2011, Judge Gallagher issued an order to show cause why the Littles should not be held in contempt for their failure to abide by the court’s prior orders. Neither Shenise nor the Littles appeared at the March 30, 2011 hearing. Shenise testified that he did not receive the show-cause order or a voicemail message reportedly left by the judge’s assistant on the day of the hearing. Shenise also offered the corroborating testimony of a colleague who was receiving and processing Shenise’s mail at that time, but the board did not find that evidence to be credible. Instead, the board found that Shenise chose to consciously ignore the motion for contempt, because he knew that Leonard had filed for bankruptcy on March 21, 2011, and believed that the civil matter would be automatically stayed.

{¶ 9} Judge Gallagher issued bench warrants for William and Leonard for their failure to appear at the show-cause hearing on March 30. Although copies of those orders (and a subsequent nunc pro tunc order correcting a mailing address for one of the Littles) were sent to Shenise, he denied having seen them. When Leonard was involved in a minor automobile accident the following January, the investigating officer discovered the warrant. Leonard was handcuffed and taken to jail, though Judge Gallagher soon released him. Ultimately, Judge Gallagher dismissed the contempt charges, finding that the Littles were not given notice of the hearing, and declined to impose sanctions on Shenise for his failure to appear.

{¶ 10} The board found that the conduct summarized above violated Prof. Cond.R. 1.1 (requiring a lawyer to provide competent representation to a client), 1.2 (requiring a lawyer to consult with the client and abide by the client’s decisions regarding the means to pursue the objectives of the representation), 1.3 (requiring a lawyer to act with reasonable diligence in representing a client), [137]*1371.4(a)(1) (requiring a lawyer to inform the client of any decision or circumstance with respect to which the client’s informed consent is required), 1.4(a)(3) (requiring a lawyer to keep the client reasonably informed about the status of a matter), 1.4(b) (requiring a lawyer to explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation), and 3.4(c) (prohibiting a lawyer from knowingly disobeying an obligation under the rules of a tribunal).

{¶ 11} Shenise objects, contending that relator failed to prove the alleged violations dealing with client communication by clear and convincing evidence. He argues that he had frank discussions with his clients throughout the proceedings.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Columbia Gas v. Bailey
2023 Ohio 1245 (Ohio Court of Appeals, 2023)
Columbus Bar Assn. v. Bahan (Slip Opinion)
2022 Ohio 1210 (Ohio Supreme Court, 2022)
Dayton Bar Association v. Scaccia
2016 Ohio 3299 (Ohio Supreme Court, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
34 N.E.3d 910, 143 Ohio St. 3d 134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/akron-bar-assn-v-shenise-ohio-2015.