Columbus Bar Ass'n v. Ginther

108 Ohio St. 3d 48
CourtOhio Supreme Court
DecidedJanuary 25, 2006
DocketNo. 2005-1192
StatusPublished
Cited by2 cases

This text of 108 Ohio St. 3d 48 (Columbus Bar Ass'n v. Ginther) 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. Ginther, 108 Ohio St. 3d 48 (Ohio 2006).

Opinion

Per Curiam.

{¶ 1} Respondent, Jeffrey D. Ginther of Columbus, Ohio, Attorney Registration No. 0022665, was admitted to the practice of law in Ohio in 1973. On March 19, 2003, we found that respondent had neglected one client’s case and failed to formally withdraw as the client’s counsel after being discharged. We suspended respondent’s license to practice law for six months, but we stayed the suspension on conditions, including that he comply with a treatment program for his alcohol abuse and depression. See Columbus Bar Assn. v. Ginther, 98 Ohio St.3d 345, 2003-Ohio-1010, 785 N.E.2d 432.

[49]*49{¶ 2} On October 11, 2004, relator, Columbus Bar Association, charged respondent with additional acts of professional misconduct. A panel of the Board of Commissioners on Grievances and Discipline heard the cause and, based on comprehensive stipulations and other evidence, made findings of fact, conclusions of law, and a recommendation, all of which the board adopted.

Misconduct

{¶ 3} Relator’s complaint contains seven counts, each relating to a different client grievance. The grievances alleged that respondent had committed misconduct in 2002 and 2003 in his handling of four bankruptcy cases, two domestic-relations cases, and one adoption case. Respondent stipulated to misconduct in each case.

Count I

{¶ 4} Respondent agreed in January 2003 to represent a client in a bankruptcy case that required him to work swiftly to achieve the relief she desired. The client paid respondent $175 to quickly convert her Chapter 13 bankruptcy into a Chapter 7 because she could not make the payments under the Chapter 13 plan. Respondent did not return his client’s calls over the next month and then promised to send the necessary paperwork for her signature. The client never received the documents, and on March 13, 2003, the bankruptcy trustee moved to dismiss her Chapter 13 bankruptcy due to her failure to make payments.

{¶ 5} On March 18, 2003, the client discharged respondent and demanded a refund. Respondent returned the client’s money eight days later. After the client complained to relator, respondent blamed his failure to perform on the fact that he was working full-time for the Franklin County Clerk of Courts and was practicing law only part-time.

{¶ 6} Respondent stipulated and the board found that he had violated DR 1-102(A)(6) (a lawyer shall not engage in conduct that adversely reflects on the lawyer’s fitness to practice law), 6-101(A)(3) (a lawyer shall not neglect a legal matter entrusted to him), 7-101(A)(2) (a lawyer shall not intentionally fail to carry out a contract of employment), and 7-101(A)(3) (a lawyer shall not intentionally prejudice or damage his client during the course of the professional relationship).

Count II

{¶ 7} In November 2002, a client paid respondent $450 to file a Chapter 7 bankruptcy petition on her behalf. Respondent prepared the paperwork and had his client sign the documents without reading them first. The documents contained material errors that the client did not find until respondent sent her a copy of what he had filed. The client immediately tried to contact respondent [50]*50about the errors, but he did not return her calls. The client called respondent for advice when one of her creditors later filed an adversary proceeding, but he never returned her call.

{¶ 8} Respondent refunded the client’s fees after she complained to relator. In response to her grievance, respondent again blamed his inaction on the fact that he had taken a full-time job in the clerk of court’s office in December 2002.

{¶ 9} Respondent stipulated and the board found that he had violated DR 1-102(A)(6), 6-101(A)(3), 7-101(A)(2), and 7-101(A)(3).

Count III

. {¶ 10} A couple retained respondent in March 2003 to file a bankruptcy petition on their behalf, paying him $525. From March until late September 2003, the couple’s creditors continued to demand payment, and the couple called respondent for help and also told their creditors to contact respondent. Respondent did not return his clients’ calls or those of their creditors.

{¶ 11} Respondent finally contacted the couple on September 24, 2003. He told them that he would mail them documents to sign, and he also mentioned that he would soon be moving his office. Respondent did not send the promised paperwork or provide them with his new address.

{¶ 12} In October 2003, the couple complained to relator that respondent had done nothing in their bankruptcy case. Respondent contacted his clients in November 2003 to say that he could not represent them because he had registered for inactive-attorney status and could not practice law. Respondent later returned the couple’s retainer and paid $950 toward the cost of employing another lawyer.

{¶ 13} Respondent stipulated and the board found that he had violated DR 1-102(A)(6), 6-101(A)(3), 7-101(A)(2), and 7-101(A)(3).

Count IV

{¶ 14} In February 2003, a client paid respondent $475 to file a Chapter 7 bankruptcy petition on her behalf. Respondent filed the petition in April 2003, and his client’s debts were later discharged. Later that year, however, the bankruptcy court advised the client that respondent had not provided addresses for two major creditors and that the court could not send them notice of the client’s discharge.

{¶ 15} In August 2003, the client received a foreclosure notice concerning her home. Respondent had failed to give her advance warning that the foreclosure notice was coming, as he had promised her he would. The client was unable to reach respondent, who by that time had moved his office. In October 2003, the [51]*51client complained to relator that she could not find respondent. Respondent did not respond to this grievance.

{¶ 16} Respondent stipulated and the board found that he had violated DR 1-102(A)(6), 6-101(A)(3), 7-101(A)(2), and 7-101(A)(3) and Gov.Bar R. V(4)(G) (requiring a lawyer to cooperate in a disciplinary investigation).

Count V

{¶ 17} In February 2002, a client paid respondent $600 in fees and costs to represent him in the dissolution of his marriage. The client was subsequently unable to reach respondent until May of that year, but respondent eventually completed the dissolution pleadings, had the client obtain the necessary signatures, and filed the case. The dissolution was filed and set for hearing in September 2002. Respondent did not appear at the hearing.

{¶ 18} Respondent told his client that he had forgotten the scheduled court date and promised to refile the papers necessary to obtain a new hearing. Respondent also told his client that he would cover the $250 refiling fees himself, but he never refiled the case.

{¶ 19} In March 2003, respondent advised the client to obtain new counsel and promised to refund his fees. Respondent did not send the money, however, and his client had to sue him for the fees in small claims court. The court scheduled a mediation session, at which respondent failed to appear.

{¶ 20} In November 2003, the client complained to relator. In December 2003, respondent sent a letter of apology and refunded $500. Respondent returned the remainder of the fee in April 2005.

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Cite This Page — Counsel Stack

Bluebook (online)
108 Ohio St. 3d 48, Counsel Stack Legal Research, https://law.counselstack.com/opinion/columbus-bar-assn-v-ginther-ohio-2006.