Columbus Bar Ass'n v. Cooke

855 N.E.2d 1226, 111 Ohio St. 3d 290
CourtOhio Supreme Court
DecidedNovember 15, 2006
DocketNo. 2006-1241
StatusPublished
Cited by2 cases

This text of 855 N.E.2d 1226 (Columbus Bar Ass'n v. Cooke) 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
Columbus Bar Ass'n v. Cooke, 855 N.E.2d 1226, 111 Ohio St. 3d 290 (Ohio 2006).

Opinion

Per Curiam.

{¶ 1} Respondent, Reginald Alpha Cooke of Columbus, Ohio, Attorney Registration No. 0031031, was admitted to the Ohio bar in 1984.

{¶ 2} In September 2005, relator, Columbus Bar Association, filed an amended complaint charging respondent with professional misconduct. Respondent filed an answer to the complaint, and a panel of the Board of Commissioners on Grievances and Discipline held a four-day hearing on the complaint in January, February, and March 2006. The panel then prepared written findings of fact, conclusions of law, and a recommendation, all of which the board adopted.

Misconduct

Count I

{¶ 3} In November 2001, Cheryl Ragland hired respondent to assist her with a personal bankruptcy matter, and she paid him $800 for his services. From her discussions with respondent, Ragland believed that her request to file bankruptcy would be heard by a court and would be resolved in December 2001. She called respondent several times in the weeks following their initial meeting, and he assured her that her case was proceeding smoothly. Respondent did not in fact file a bankruptcy petition on Ragland’s behalf until April 2002.

{¶ 4} Ragland was involved in a car accident in February 2002. The following month, she signed a contingent-fee contract with respondent authorizing him to represent her in a personal-injury suit against the driver of the car that had struck hers.

{¶ 5} The bankruptcy petition and accompanying paperwork that respondent filed on Ragland’s behalf in April 2002 contained factual errors and did not indicate that Ragland intended to pursue a personal-injury claim related to the car accident. Bankruptcy attorney Pamela Maggied testified as an expert witness at respondent’s disciplinary hearing, and she explained that full disclosure of a debtor’s assets is “critical” in bankruptcy cases. In Maggied’s expert opinion, respondent should have listed Ragland’s potential personal-injury claim arising out of the February 2002 car accident when respondent filed a list of Ragland’s assets with the bankruptcy court in April 2002.

{¶ 6} At a creditors’ meeting with the bankruptcy trustee on May 9, 2002, the trustee asked Ragland if she stood to benefit from any insurance claims or [292]*292pending lawsuits. Ragland said no. That statement was inaccurate, and although respondent was present, he did not attempt to correct it.

{¶ 7} In June 2002, respondent asked Ragland’s car insurance provider, State Farm, to compensate Ragland for the medical expenses and the pain and suffering that she had sustained as a result of the February car accident. In August 2002, State Farm agreed to pay Ragland $17,500 under the uninsured-motorist provision of her insurance policy.

{¶ 8} According to attorney Maggied’s expert testimony at respondent’s disciplinary hearing, respondent had no authority to represent Ragland in connection with the personal-injury claim once Ragland’s bankruptcy petition was filed in April 2002. Instead, the authority to choose an attorney to handle the claim belonged exclusively to the bankruptcy trustee.

{¶ 9} While Ragland’s bankruptcy case was pending, respondent did not tell the bankruptcy trustee or the bankruptcy court about Ragland’s car accident, about his demand to State Farm, or about State Farm’s $17,500 payment to Ragland. Ragland’s debts were discharged by the bankruptcy court in September 2002. WOien the bankruptcy trustee learned about the insurance settlement that respondent had secured for Ragland, however, the trustee filed an adversary proceeding against respondent and Ragland in the bankruptcy court, asking that the settlement proceeds be paid to Ragland’s bankruptcy estate.

{¶ 10} In a June 2003 letter to the bankruptcy trustee, respondent described the $17,500 payment to Ragland from State Farm as a “post-petition wage loss settlement,” even though the accident occurred before Ragland’s bankruptcy petition was filed and a State Farm agent had explained to respondent in August 2002 that the amount of the State Farm settlement attributable to Ragland’s lost wages was negligible.

{¶ 11} At his disciplinary hearing, respondent testified that he did not list Ragland’s potential personal-injury suit on the schedules that he filed with her bankruptcy petition in April 2002 because he thought that she was not being truthful about her alleged injuries resulting from the car accident. He nonetheless sought and accepted the financial settlement on Ragland’s behalf from State Farm in the summer of 2002 for those injuries.

{¶ 12} Respondent’s fee agreement with Ragland for her bankruptcy case set a flat fee of $800 for his services and also provided that “additional fees shall be required if this matter develops into a contested trial or hearing.” On November 29, 2002, respondent sent Ragland a bill for a $200 bankruptcy filing fee and for 25.3 hours of work on the bankruptcy case at a rate of $150 per hour. The bill noted that respondent had applied the initial $800 payment toward the total fee, and respondent asked Ragland to pay the balance of $3,195, explaining in a letter that her case “was a contested matter that required additional time.”

[293]*293{¶ 13} At respondent’s disciplinary hearing, Ragland testified that she was “shocked” when the bill arrived because respondent had never discussed additional bankruptcy charges with her and had never told her at any time that her bankruptcy proceedings had become “contested.” Attorney Maggied testified that much of respondent’s work on the bankruptcy case would not have been necessary had respondent properly disclosed all of Ragland’s assets to the bankruptcy court.

{¶ 14} Respondent acknowledged that his client trust account carried a negative balance at various times in 2002 and 2003. He also sometimes used that account as an operating account for his law practice.

{¶ 15} Respondent did not maintain legal-malpractice insurance coverage during part of the time that he represented Ragland, and he did not disclose that information to her.

{¶ 16} After examining respondent’s actions, the board found that respondent had violated the following Disciplinary Rules: DR 1-102(A)(4) (barring conduct involving dishonesty, fraud, deceit, or misrepresentation), 1-102(A)(5) (barring conduct prejudicial to the administration of justice), 1-102(A)(6) (barring conduct that adversely reflects on a lawyer’s fitness to practice law), 1-104 (requiring an attorney who does not maintain adequate professional-liability insurance to so advise his or her clients in writing), 2-106(A) (prohibiting a lawyer from charging a clearly excessive fee), 6-101(A)(l) (prohibiting a lawyer from accepting a case that the lawyer is not competent to handle), 7-101(A)(3) (barring an attorney from intentionally prejudicing or damaging a client during the course of the professional relationship), 7-102(A)(2) (barring an attorney from knowingly advancing a claim or defense that is unwarranted under existing law), 7-102(A)(3) (prohibiting a lawyer from failing to disclose what he is required by law to reveal), 7-102(A)(4) (barring a lawyer from knowingly using false evidence or perjured testimony), 7-102(A)(5) (prohibiting an attorney from knowingly making a false statement of fact), and 9-102(A) (requiring a lawyer to maintain client funds in a separate, identifiable bank account).

Count II

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Related

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Cite This Page — Counsel Stack

Bluebook (online)
855 N.E.2d 1226, 111 Ohio St. 3d 290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/columbus-bar-assn-v-cooke-ohio-2006.