Cincinnati Bar Ass'n v. Lawson

891 N.E.2d 749, 119 Ohio St. 3d 58
CourtOhio Supreme Court
DecidedJuly 9, 2008
DocketNo. 2008-0107
StatusPublished
Cited by11 cases

This text of 891 N.E.2d 749 (Cincinnati Bar Ass'n v. Lawson) 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. Lawson, 891 N.E.2d 749, 119 Ohio St. 3d 58 (Ohio 2008).

Opinions

Per Curiam.

{¶ 1} Respondent, Kenneth L. Lawson of Cincinnati, Ohio, Attorney Registration No. 0042468, was admitted to the practice of law in Ohio in 1989. We ordered an interim remedial suspension of respondent’s license on May 15, 2007, pursuant to Gov.Bar R. V(5a)(B), upon receiving evidence that his continued practice posed a substantial threat of serious harm to the public. See Disciplinary Counsel v. Lawson, 113 Ohio St.3d 1508, 2007-Ohio-2333, 866 N.E.2d 508.

{¶ 2} The Board of Commissioners on Grievances and Discipline recommends that we now indefinitely suspend respondent’s license, based on findings that he repeatedly violated ethical standards in representing clients and then failed to cooperate in investigations as to much of that misconduct. We agree that respondent engaged in a pervasive pattern of professional misconduct and that an indefinite suspension is the appropriate sanction.

{¶ 3} Relator Cincinnati Bar Association charged respondent with 16 counts of misconduct, alleging various violations of the Code of Professional Responsibility, the Ohio Rules of Professional Conduct (“Prof.Cond.R.”),1 and Gov.Bar R. V(4)(G) (requiring a lawyer to cooperate in a disciplinary investigation). In a separate complaint, relator Disciplinary Counsel charged respondent with four additional counts of misconduct. A panel of the board heard all the allegations on October 15 and 16, 2007, in consolidated proceedings. The panel then made numerous findings of misconduct and recommended the indefinite suspension, a recommendation the board adopted.

{¶ 4} Neither party objects to the board’s report.

[59]*59Misconduct

Failure to Cooperate in the Disciplinary Investigation

{¶ 5} Respondent stipulated that he violated Gov.Bar R. V(4)(G) during investigations of nine grievances lodged against him prior to February 1, 2007, by failing to respond to relators’ inquiries and to provide requested records. On that date, respondent admitted himself to a rehabilitation facility after more than seven years of drug abuse. Respondent has participated appropriately in the disciplinary proceedings since his discharge, providing truthful, cooperative, and forthcoming responses to authorities.

{¶ 6} We find that respondent repeatedly violated Gov.Bar R. V(4)(G).

The Chambers Grievance

{¶ 7} Janette Hanson Chambers hired respondent’s law firm, Lawson & Washington, L.P.A. (“L & W”), in August 2005 to represent her in a potential criminal matter arising out of her administration of her mother’s estate. Though Chambers had intended to retain respondent, she met initially with his partner, David Washington, who took the case on the firm’s behalf. Chambers understood that respondent would be working in conjunction with Washington on her case.

{¶ 8} Chambers advanced the firm $10,000, expecting to be charged against that amount at $175 per hour. L & W did not place these unearned funds in an interest-bearing client trust account as required, depositing the money instead into the firm’s office operating account. Respondent admits that he immediately received his share of the $10,000 in fees.

{¶ 9} Except for three consultations, L & W did nothing for Chambers’s $10,000. Chambers had to appear in court without her lawyers, and the dispute eventually ended with Chambers losing her inheritance. She tried to discharge L & W in December 2005, only to learn that the firm had dissolved. Chambers asked respondent to account for her funds and refund unearned fees, but respondent has never replied.

{¶ 10} Respondent testified that he did not realize his former law firm’s debt to Chambers until her demand for a refund. He admitted owing the debt and that he had repaid nothing. He also admitted that he committed the misconduct charged against him with respect to this client.

{¶ 11} Respondent did not represent Chambers in accordance with the duties set forth in DR 9-102(A) (requiring a lawyer to maintain client funds in a separate identifiable bank account), 9-102(B)(4) (requiring a lawyer to deliver funds in the lawyer’s possession to which the client is entitled), and 9-102(E)(1) (requiring lawyers to maintain clients’ funds in interest-bearing client trust [60]*60accounts in accordance with statutory requirements). We find him in violation of these rules.

The Collins Grievance

{¶ 12} Joseph Collins hired respondent in February 2006 to defend him against a charge of menacing, paying respondent $750. Some confusion as to the date of an arraignment ensued, and neither Collins nor respondent appeared on the scheduled court date. The court issued a warrant for Collins’s arrest, but respondent’s associate had the proceeding rescheduled, and respondent managed to prevent the client’s arrest. Respondent failed to appear with Collins on the new arraignment date.

{¶ 13} Collins discharged respondent, attempted to represent himself, and was convicted of disorderly conduct. Collins sued respondent for the $750 fee he had paid in small claims court, and respondent has sought a jury trial. Respondent has not returned any of the fee.

{¶ 14} By missing the court date, abandoning his client’s defense, and keeping unearned fees, respondent did not represent Collins in accordance with the duties set forth in DR 6-101(A)(2) (prohibiting a lawyer from providing representation without adequate preparation), 6-101(A)(3) (prohibiting a lawyer from neglecting an entrusted legal matter), 7-101(A)(2) (prohibiting a lawyer from intentionally failing to carry out a contract of employment), 7-101(A)(3) (prohibiting a lawyer from intentionally prejudicing or damaging a client during their professional relationship), and 9-102(B)(4). We therefore find him in violation of these rules.

The William Richardson Grievance

{¶ 15} William Richardson hired respondent in late 2003 to file a defamation suit on his behalf, paying $1,500 in fees. Respondent’s associates researched the claim, determined that it was not viable, and advised his client. Respondent offered to return $500 of Richardson’s money or to pursue other claims that he considered more feasible, but Richardson wanted to pursue the defamation claim. Respondent did nothing more in the case but did not return any part of his fee.

{¶ 16} Respondent stipulated that he did not represent this client in accordance with the duties set forth in DR 6-101(A)(1) (prohibiting a lawyer from knowingly attempting to provide representation that the lawyer is not competent to handle), 6-101(A)(2), 6-101(A)(3), 7-101(A)(2), and 9-102(B)(4). We find him in violation of these rules.

The Antwan Richardson Grievance

{¶ 17} In May 2004, respondent represented Antwan Richardson in federal district court at his sentencing on a drug-trafficking conviction. The court denied respondent’s motion to withdraw Richardson’s guilty plea, and respondent filed [61]*61an appeal. On appeal, respondent failed to comply with a briefing schedule, even after he received three extensions over two months. In February 2005, the appellate court dismissed Richardson’s appeal for failure to prosecute.

■ {¶ 18} Respondent then moved for resentencing in the trial court, asserting various constitutional arguments.

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Bluebook (online)
891 N.E.2d 749, 119 Ohio St. 3d 58, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cincinnati-bar-assn-v-lawson-ohio-2008.