Cincinnati Bar Assn. v. Larson

2009 Ohio 6766, 124 Ohio St. 3d 249
CourtOhio Supreme Court
DecidedDecember 30, 2009
Docket2009-1267
StatusPublished
Cited by9 cases

This text of 2009 Ohio 6766 (Cincinnati Bar Assn. v. Larson) 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 Assn. v. Larson, 2009 Ohio 6766, 124 Ohio St. 3d 249 (Ohio 2009).

Opinions

Per Curiam.

{¶ 1} Respondent, Robert K. Larson Jr. of Cincinnati, Ohio, Attorney Registration No. 0042368, was admitted to the practice of law in Ohio in 1989.

{¶ 2} The Board of Commissioners on Grievances and Discipline recommends that we suspend respondent’s license to practice for two years, staying 18 months of the suspension on conditions that he commit no further misconduct and complete continuing legal education courses in managing his law office, his caseload, and his time. The recommendation is based on findings that respondent misled one client about the status of her driver’s license suspension and other traffic citations, failed to perform his duties as counsel for that client and two others, failed to return unearned fees to all three of these clients, and then failed to cooperate in two of the ensuing disciplinary investigations. We accept the board’s findings of professional misconduct and the recommendation for a two-year suspension; however, we order a stay of only one year of the suspension and, in addition to the cited conditions of the stay, require respondent to complete one year of monitored probation upon his reinstatement to practice.

{¶ 3} Relator, Cincinnati Bar Association, charged respondent in a three-count complaint with violations of the Disciplinary Rules of the Code of Professional Responsibility, the Rules of Professional Conduct,1 and Gov.Bar R. V(4)(G) (requiring a lawyer to cooperate in a disciplinary investigation). A panel appoint[250]*250ed by the Board of Commissioners on Grievances and Discipline heard the case, made findings of misconduct, and recommended a two-year suspension, stayed in full on conditions of no further misconduct and completion of the continuing legal education (“CLE”). The board adopted the panel’s findings of misconduct, but “based on [respondent’s] acts of dishonesty and harm done to clients,” it modified the recommendation to a two-year suspension, with the last 18 months conditionally stayed.

{¶ 4} The parties have not objected to the board’s report.

Misconduct

Count I: The Divorce Case

{¶ 5} In July 2006, a client hired respondent to file for divorce on her behalf, paying him a $1,000 fee. Though she afterward provided all the information and documentation that he asked for, respondent never filed the complaint.

{¶ 6} In September 2006, the client filed her own petition for a civil protection order against her then-incarcerated husband. The petition also included a request for the client’s exclusive use of her husband’s truck, which the domestic-relations court did not grant. After he was released from prison, the husband filed charges, alleging that his wife had used his truck without authorization. Though respondent insisted that he had defended the client against these charges, the client attended two municipal court hearings and at each signed waivers of counsel. The waivers establish that respondent failed to attend these hearings.

{¶ 7} In January 2007, the client sent respondent a letter demanding that he proceed with her divorce or return the $1,000 fee. When respondent did neither, the client sued him in small-claims court. The court continued two hearing dates on respondent’s request, but he never appeared. That April, the court granted a default judgment against respondent, awarding the client $1,000 and $85 in court costs, which respondent paid only after a bailiff served him with a writ of execution.

{¶ 8} Respondent admitted that he had failed to perform his duties as counsel for this client and had thereby violated DR 7 — 101(A)(1), (2), and (3) (prohibiting a lawyer from (1) intentionally failing to seek the lawful objectives of his client, (2) failing to carry out a contract for professional employment without proper withdrawal, and (3) causing damage or prejudice to a client during a professional relationship). He also admitted to having violated DR 9 — 102(B)(4) and its counterpart, Prof.Cond.R. 1.15(d) (both requiring a lawyer to promptly pay funds that a client is entitled to receive). And because he failed to respond to letters of inquiry about this client’s grievance and came unprepared for a deposition during relator’s investigation, respondent admitted that he had violated Gov.Bar R. [251]*251V(4)(G). The board found that respondent had committed this misconduct, as do we.

Count II: The Traffic-Citation Case

{¶ 9} In January 2007, another client paid respondent $300 to defend her in mayor’s court against traffic citations. The client had already failed to appear for one court date and feared that her driver’s license might be suspended. Respondent advised the client that he would arrange with the mayor’s court to forgive the failure to appear, drop a citation for “peeling tires,” and reduce her speeding ticket to avoid adding points to her driving record.

{¶ 10} But in mid-February 2007, the client received notice that her license had been suspended and that she was required to pay a fee to reinstate it. She again consulted respondent, who advised her that the notice was a mistake and not to pay the reinstatement fee. When the client afterward continued to register concerns over the suspension, respondent assured her that he was working with a prosecutor and would resolve the problem.

{¶ 11} In mid-March 2007, the client received another notice, this one indicating that a warrant had been issued for her arrest. WTien the client consulted respondent yet again about the license suspension, respondent advised her that if she had to drive, she should “drive safely.”

{¶ 12} In April 2007, the client contacted the mayor’s court herself and paid the reinstatement fee. Her license was reinstated approximately one week later. That May, the client wrote to respondent, asking for a $300 refund. Respondent did not promptly refund the unearned fee and stopped returning the client’s telephone calls.

{¶ 13} Respondent admitted that he had failed to perform his duties as counsel for this client and had thereby violated Prof.Cond.R. 1.1 (requiring a lawyer to provide competent representation to a client), 1.3 (requiring a lawyer to act with reasonable diligence and promptness in representing a client), 1.4(a)(3) (requiring a lawyer to keep a client informed about the representation), 1.15(d), and 8.4(c) (prohibiting a lawyer from engaging in conduct involving fraud, deceit, dishonesty, or misrepresentation). Because he failed to respond to a letter of inquiry about this client’s grievance and came unprepared for a deposition during relator’s investigation, respondent also admitted to having violated Gov.Bar R. V(4)(G). The board found that respondent had committed this misconduct, as do we.

Count III: The Juvenile Court Case

{¶ 14} Another client paid respondent $250 to represent him in a juvenile court proceeding. Respondent advised the client that he would obtain a continuance of [252]*252a court date scheduled for late October 2007. Respondent failed to obtain the continuance, and upon the client’s failure to appear, the court issued a bench warrant for his arrest. Respondent did nothing in the case and yet failed to promptly refund unearned fees.

{¶ 15} Respondent admitted that he had failed to perform his duties as counsel for this client and had thereby violated Prof.Cond.R. 1.3, 1.4, and 1.15(d). The board found that respondent had committed this misconduct, as do we.

Sanction

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Cite This Page — Counsel Stack

Bluebook (online)
2009 Ohio 6766, 124 Ohio St. 3d 249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cincinnati-bar-assn-v-larson-ohio-2009.