Allen County Bar Ass'n v. Linnon

104 Ohio St. 3d 189
CourtOhio Supreme Court
DecidedDecember 8, 2004
DocketNo. 2002-1446
StatusPublished

This text of 104 Ohio St. 3d 189 (Allen County Bar Ass'n v. Linnon) 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
Allen County Bar Ass'n v. Linnon, 104 Ohio St. 3d 189 (Ohio 2004).

Opinions

Pfeifer, J.

{¶ 1} Respondent, Craig M. Linnon of Ada, Ohio, Attorney Registration No. 0062690, was admitted to the practice of law in Ohio in 1994. On January 7, 2002, relator, Allen County Bar Association, charged respondent in a third amended complaint with having violated the Code of Professional Responsibility. Although respondent moved to dismiss the original complaint and answered the second amended complaint, he did not answer the complaint as amended the third time.

{¶ 2} The Board of Commissioners on Grievances and Discipline scheduled a hearing in the cause for June 28, 2002. Although notice of the hearing was sent to an address at which respondent agreed to accept service, he did not appear. In his absence, relator’s counsel agreed to a hearing panel of two after learning that the third panel member was unavailable to attend. The two-member panel thereafter made findings of fact, conclusions of law, and a recommendation, all of which the board adopted.

Board Findings of Misconduct

{¶ 3} The allegations in the complaint originated with six aggrieved clients and were delineated in separate counts in the board’s report. Another charge concerned respondent’s uncooperative behavior during relator’s investigation. The board dismissed three of the counts concerning client grievances because the grievants could not appear at the hearing. See Gov.Bar R. V(6)(H).

{¶ 4} As to the first grievance, evidence established that Jean D. Shurelds paid respondent $1,000 on February 25, 1998 to file a petition for judicial release on behalf of her incarcerated son. Over the ensuing months, Shurelds attempted many times to contact respondent about the status of her son’s case but had no success. In September, with her son’s November 1998 parole hearing approach[190]*190ing, Shurelds filed a grievance with relator. On November 20, 1998, respondent finally filed the motion for judicial release, which was denied.

{¶ 5} Respondent defended his delay by asserting that he had deliberately waited to file the motion for judicial release until after the November 1998 election because he thought that a new judge more receptive to the motion might be elected. The incumbent judge won the election, however, and denied judicial release.

{¶ 6} The board found clear and convincing evidence that in representing Shurelds’s son, respondent had violated DR 1-102(A)(5) (prohibiting conduct that is prejudicial to the administration of justice), 1-102(A)(6) (prohibiting conduct that adversely reflects on an attorney’s fitness to practice law), 7-101(A)(l) (requiring an attorney to seek the lawful objective of a client through reasonable and lawful means), and 7-101(A)(3) (prohibiting an attorney from intentionally causing a client damage or prejudice).

{¶ 7} As to the second grievance, evidence established that in the summer of 1998, Kathleen Kuhbander retained respondent to file an appeal in a custody case. Kuhbander paid respondent $2,700, including $1,000 in attorney fees, $1,600 for the cost of the transcript, and $100 for the filing fee. Respondent filed notice of the appeal and thereafter requested a number of extensions to file a merit brief. On November 4, 1998, respondent voluntarily dismissed the appeal without Kuhbander’s consent, later advising that he had decided instead to file contempt charges regarding her visitation rights. Respondent never filed the contempt charges, although the legal representation was not terminated until February 2000, when Kuhbander retained other counsel.

{¶ 8} The board found clear and convincing evidence that in representing Kuhbander, respondent had violated DR 1-102(A)(5), 1-102(A)(6), 7-101(A)(l) and 7-101(A)(3).

{¶ 9} As to the third grievance, evidence established that in June 1997, Maysie Rowlett retained respondent to assist her with a claim against a realtor. Rowlett paid respondent $255. At some point, respondent sent Rowlett a copy of a letter to an insurance carrier that he had sent on her behalf and a copy of the carrier’s response; however, he did nothing more in the case as far as Rowlett could see for four years. Rowlett testified that she eventually lost contact with respondent and asked Legal Aid in her community for help.

{¶ 10} The board found clear and convincing evidence that in representing Rowlett, respondent had violated DR 7-101 (A)(1) and (3).

{¶ 11} Finally, the board found clear and convincing evidence that respondent had committed additional violations of DR 1-102(A)(5) and (6) by refusing to cooperate during the investigation of this misconduct. During a meeting to [191]*191investigate the Shurelds grievance, respondent’s “hostile,” “obnoxious,” and “aggressive” conduct struck relator’s counsel as “bizarre.” Respondent also delayed in responding to the Kuhbander grievance, including routinely failing to claim certified and other mail sent to various addresses at which he resided during the course of these proceedings.

{¶ 12} In fact, respondent’s whereabouts were continually in question throughout relator’s investigation. He closed and moved his regular office to an abandoned gas station, where he conducted a disorganized practice out of a parked recreational vehicle. Respondent later apparently practiced out of his home, providing a variety of post office boxes where he supposedly would accept mail. Respondent received notice and appeared for his deposition on March 22, 2001; however, grievance committee investigators were eventually unable to locate or communicate with him at all due to his overloaded voice mail and changing addresses.

Recommended Sanction

{¶ 13} In recommending a sanction for this misconduct in 2002, the board looked for evidence of mitigating and aggravating factors in accordance with Section 10 of the Rules and Regulations Governing Procedure on Complaints and Hearings Before the Board of Commissioners on Grievances and Discipline (“BCGD Proc.Reg.”) The board noted respondent’s lack of cooperation in the disciplinary process. See BCGD Proc.Reg. 10(B)(1)(e). The board identified none of the listed mitigating factors inasmuch as respondent did not appear at the hearing or answer the third amended complaint.

{¶ 14} “Each disciplinary case involves unique facts and circumstances,” and “all relevant factors” are to be reviewed “[i]n determining the appropriate sanction” for misconduct. BCGD Proc.Reg. 10(A) and (B). Relying on the testimony of relator’s investigator as to his personal experience with respondent, the board found that respondent had been a good student while in law school and had enjoyed a good reputation when he was first admitted to the bar. In recent years, however, the investigator attested that respondent had become less conscientious. Relator’s counsel agreed that respondent had formerly been considered “a fine criminal defense lawyer,” but over the last several years, a pattern of neglect and poor communication with his clients had emerged.

{¶ 15} The board recommended, consistent with the sanction proposed by relator and the hearing panel, that respondent be indefinitely suspended from the practice of law for his misconduct.

Review of the Board’s Report

{¶ 16} This is the second time that we have had before us the issues of respondent’s misconduct and the appropriate sanction to impose. We initially [192]*192reviewed this cause last year, holding oral argument on March 12, 2003.

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Cite This Page — Counsel Stack

Bluebook (online)
104 Ohio St. 3d 189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-county-bar-assn-v-linnon-ohio-2004.