Cincinnati Bar Ass'n v. Deaton

102 Ohio St. 3d 19
CourtOhio Supreme Court
DecidedApril 14, 2004
DocketNo. 2003-1534
StatusPublished
Cited by5 cases

This text of 102 Ohio St. 3d 19 (Cincinnati Bar Ass'n v. Deaton) 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
Cincinnati Bar Ass'n v. Deaton, 102 Ohio St. 3d 19 (Ohio 2004).

Opinion

Per Curiam.

{¶ 1} Respondent, John Reno Deaton II, last known address in Ft. Thomas, Kentucky, Attorney Registration No. 0066990, was admitted to the Ohio bar in 1996. On September 25, 2002, relator, Cincinnati Bar Association, filed a complaint, as amended, charging respondent with numerous violations of the Code of Professional Responsibility. After efforts to serve respondent by certified mail failed, the complaint was served on the Clerk of the Supreme Court pursuant to Gov.Bar R. V(11)(B). Respondent did not answer, and relator moved for default. See Gov.Bar R. V(6)(F).

{¶ 2} A master commissioner appointed by the Board of Commissioners on Grievances and Discipline considered the motion for default, making findings of fact, conclusions of law, and a recommendation. Evidence submitted for review established that respondent agreed to represent at least 11 different clients, including the law firm for which he worked at the time, but failed to perform as promised and routinely lied to clients about his progress in their cases.

[20]*20{¶ 3} Respondent took the first client’s case, a small claims action to recover payment for services, in April 2000 on an hourly basis. He told the client that he had filed suit on the client’s behalf and that a trial date had been set. Neither representation was true. He also misrepresented twice that the fictitious trial date had been rescheduled.

{¶ 4} Respondent met with the client on the day before the second purported trial date, at which time the client said that he would accept $2,000 to $2,200 to settle the case. The next morning, two hours before the “trial,” respondent called to tell the client that he had received a $2,800 settlement offer. The client accepted the offer, and respondent represented that he would place the money in escrow, prepare a final settlement agreement, and deduct his fees. Weeks passed during which respondent did not return the client’s calls, and the client received an invoice from respondent’s law firm for services. The client asked the law firm’s office manager about the invoice, and the next day, respondent appeared unexpectedly at the client’s job site and paid the client $2,000, withholding $800 as his fee. Respondent paid the client with a personal check, thereby concealing the transaction from his employer.

{¶ 5} Relator charged that in representing this client, respondent had violated DR 1 — 102(A)(4) (engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation); 2-106(A) (charging a clearly excessive fee); 6-101(A)(3) (neglecting an entrusted legal matter); 7-101(A)(l) (failing to seek client’s lawful objectives through reasonable means), (2) (failing to carry out a contract for professional services), and (3) (causing client damage or prejudice); and 7-102(A)(5) (knowingly making a false statement of law or fact).1

{¶ 6} A second client retained respondent to petition for a change in the custody of his two minor children. On October 23, 2000, respondent represented to a child support enforcement agency and to his client that he had filed the petition in court. He had not. When he did file the petition on November 9, 2000, the petition erroneously indicated that the client’s wife had been served with the pleading the preceding month. Respondent later misrepresented to the client and the client’s mortgage company that the client, who was given temporary custody of one child, had been given full custody and was no longer required to pay child support. As a result, the client unwittingly failed to keep up with the child support that he was required to pay during this period. Relator charged that respondent had thereby violated DR 1 — 102(A)(4); 6-101(A)(3); 7-101(A)(l), (2), and (3); and 7-102(A)(5).

{¶ 7} Respondent was also assigned to represent his employer, the third client, as lead counsel in a contract action. Respondent advised one of his law firm’s [21]*21partners that he had prepared and filed a motion to dismiss a counterclaim as barred by the statute of frauds; however, he never filed the motion. Respondent also failed to answer the counterclaim, causing the defendant to move for a default judgment.

{¶ 8} Respondent concealed his failure by not reporting his attendance at the hearing on the motion for default on law firm records to document his activity. The court denied the default motion, but, unknown to his employer, respondent had also failed to reply to a request for admissions. The court accepted the admissions as true and, as a result, granted partial summary judgment against the law firm. Relator charged that respondent had thereby violated DR 1-102(A)(4); 6-101(A)(3); 7-101(A)(1), (2), and (3); and 7-102(A)(5).

{¶ 9} A fourth client retained respondent to represent her in a personal-injury action. In December 2000, a partner in respondent’s law firm learned that respondent had failed to file timely notice of the client’s experts. Summary judgment was later granted against the client for unrelated reasons.

{¶ 10} The client asked respondent to appeal the judgment against her. In June 2001, respondent advised a law firm partner that the appeal had been filed. As proof, he gave the partner a copy of his appellate brief that included a certificate of service but did not bear a time-stamp from the court. When respondent’s neglect began to surface, the partner investigated and learned that respondent had never filed the appellate brief in court or served notice of the brief as represented. Relator charged that respondent had thereby violated DR 1-102(A)(4); 6-101(A)(3); 7-101(A)(l), (2), and (3); and 7-102(A)(5).

{¶ 11} A fifth client retained respondent to represent her in another personal-injury action. Respondent represented to the client and his co-counsel that he had found an expert favorable to the client’s case. He also told his co-counsel that he had advanced $1,200 to the expert and obtained a report from the expert. However, respondent never complied with his co-counsel’s repeated requests for a copy of the report, and his co-counsel and client later learned that he had never located the expert, paid costs, or obtained the report as represented. Relator charged that respondent had thereby violated DR 1-102(A)(4); 6-101(A)(3); 7-101(A)(1), (2), and (3); and 7-102(A)(5).

{¶ 12} The sixth client consulted respondent concerning a claim of employment discrimination and an April 2000 incident of assault. Respondent agreed to file a complaint in at least one of the matters, and the client called respondent to make sure that he did so. Respondent’s time sheet entries purport to show that he prepared the anticipated pleading well in advance of the filing deadline; however, he did not file the complaint, nor does it appear that he even prepared it. He also stopped returning the client’s calls after missing the filing deadline. Relator [22]*22charged that respondent had thereby violated DR 6-101 (A)(3); 7-101(A)(l), (2), and (3); and 7-102(A)(5).

{¶ 13} A seventh client retained respondent in the fall of 2000 to petition for guardianship of the client’s elderly aunt. Respondent arranged for the client’s appointment as guardian but thereafter failed to file timely inventories and accountings in the guardianship. When the client’s aunt and ward died on January 22, 2001, respondent agreed to oversee the administration of her estate but failed to return the client’s calls over the next several months.

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

Related

Disciplinary Counsel v. Lawson
2011 Ohio 4673 (Ohio Supreme Court, 2011)
Cincinnati Bar Assn. v. Farrell
2011 Ohio 2879 (Ohio Supreme Court, 2011)
Disciplinary Counsel v. Hoppel
2011 Ohio 2672 (Ohio Supreme Court, 2011)
Cincinnati Bar Ass'n v. Rothermel
860 N.E.2d 754 (Ohio Supreme Court, 2007)
Kentucky Bar Ass'n v. Deaton
145 S.W.3d 398 (Kentucky Supreme Court, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
102 Ohio St. 3d 19, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cincinnati-bar-assn-v-deaton-ohio-2004.