Columbus Bar Ass'n v. Hayes

889 N.E.2d 109, 118 Ohio St. 3d 336
CourtOhio Supreme Court
DecidedMay 29, 2008
DocketNo. 2007-2381
StatusPublished

This text of 889 N.E.2d 109 (Columbus Bar Ass'n v. Hayes) 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. Hayes, 889 N.E.2d 109, 118 Ohio St. 3d 336 (Ohio 2008).

Opinion

Per Curiam.

{¶ 1} Respondent, Michael J. Hayes of Columbus, Ohio, Attorney Registration No. 0069111, was admitted to the practice of law in Ohio in 1998. Respondent voluntarily ceased practicing on December 21, 2006, and is currently not registered with the Supreme Court of Ohio.

{¶ 2} Relator, Columbus Bar Association, charged respondent with numerous violations of the Code of Professional Responsibility. A panel of the Board of Commissioners on Grievances and Discipline held a hearing on the complaint and considered the joint stipulations of the parties. The panel found misconduct and recommended sanctions, all of which the board adopted. The board recommends that we suspend respondent’s license to practice for two years with the last six months stayed upon satisfaction of certain conditions. The board also recommends that respondent serve a Gov.Bar R. V(9) period of probation for three years.

{¶ 3} On review, we agree that respondent committed professional misconduct as found by the board and further agree with the board’s recommendations. The parties have not objected to the findings and recommendation of the board.

Facts and Misconduct

Count I

{¶ 4} In 2006, Judge Beverly Pfeiffer of the Franklin County Court of Common Pleas appointed respondent to represent Lindsey Bruce in an appeal of a criminal conviction. The Bruce case was a matter of great public interest because respondent’s client had been convicted of kidnapping and faced a ten-year prison sentence. The Court of Appeals for the Tenth District set the matter for oral argument and gave respondent sufficient notice of the date and time.

{¶ 5} Respondent did not appear at the appointed time, and the prosecuting attorney alone presented oral argument. Respondent did not communicate to anyone at the prosecutor’s office that he would not be present and did not request a postponement of the hearing date. The court took the case under advisement without any argument on behalf of Bruce. Respondent appeared in the courtroom during the argument of another scheduled case and claimed that he was unable to drive because of a recent car accident and that his driver had been late. Respondent could not explain why he had not made any attempt to contact anyone at the court to say that he would be late.

[338]*338{¶ 6} Respondent filed a motion for rehearing on behalf of Bruce. The appeals court denied the motion and affirmed Bruce’s conviction. Respondent then failed to file an appeal to the Supreme Court of Ohio on behalf of his client.

{¶ 7} The parties stipulated that there is clear and convincing evidence that respondent’s acts and failure to act violated DR 1-102(A)(5) (engaging in conduct prejudicial to the administration of justice), 1-102(A)(6) (engaging in conduct adversely reflecting on the lawyer’s fitness to practice law), 6-101(A)(l) (failure to associate with counsel competent to handle the legal matter that respondent is not competent to handle), and 6-101(A)(3) (neglecting an entrusted legal matter). The panel additionally found violations of DR 7-107(A)(l) (failing to seek the lawful objectives of the client) and 7-101(A)(3) (damaging the client during the professional relationship).

Count II

{¶ 8} Jamison Rucker paid respondent $1,000 to represent him on a charge of driving with a suspended license. Respondent had represented Rucker in the original juvenile traffic matters that resulted in the suspension. Although the court had sent notice of the hearing to respondent, respondent did not see the notice and subsequently did not inform his client or his client’s mother of the hearing. The court issued a warrant for Rucker’s arrest when he did not appear for the hearing.

{¶ 9} Rucker’s mother eventually obtained respondent’s home number and called him there. Although respondent said he would move to have the warrant set aside, the warrant was withdrawn only when Rucker’s mother persuaded the judge to withdraw it. Respondent has not returned any portion of the retainer he received to represent Rucker.

{¶ 10} Respondent stipulated that there is clear and convincing evidence that his acts and failure to act violated DR 1-102(A)(5), 1-102(A)(6), 6-101(A)(l), 6-101(A)(3), 7-101(A)(l), 7-101(A)(3), and 9-102(B)(4) (failing to return client funds). In addition, the panel found a violation of DR 1-102(A)(4) (engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation).

Count III

{¶ 11} Michael Grace retained respondent to restore his driving privileges after a probation violation. Grace paid respondent $400 of the quoted $750 attorney fees. Respondent addressed a probation issue but did not pursue restoration of Grace’s driving privileges.

{¶ 12} Grace received a summons and a felony indictment by mail and tried unsuccessfully to contact respondent. Believing that respondent had also received a copy of the summons, Grace appeared for the arraignment expecting to [339]*339see his attorney. Respondent did not appear at the court, and Grace left, afraid to be unrepresented there. The court issued a warrant for Grace’s arrest. Respondent called Grace that evening to inquire about the arraignment and told Grace that he did not attend because he “had something else to do.”

{¶ 13} Respondent demanded a new retainer on the felony case of $1,200 but missed several appointments with Grace to pick up payment of the new retainer. He eventually went to Grace’s house to accept $500 in cash but provided no receipt. Respondent then failed to take care of the warrant as promised.

{¶ 14} At their next meeting, respondent demanded further payment from Grace. Grace’s mother instructed respondent that they would not pay him any further fees because he had not delivered what he had promised. Respondent became belligerent, directing various obscenities at Grace’s mother. On September 6, 2006, Grace terminated respondent’s representation. Respondent has failed to return any of the $900 in attorney fees paid by Grace.

{¶ 15} Respondent stipulated that his acts and failure to act violated DR 1-102(A)(5), 1-102(A)(6), 6-101(A)(3), 7-101(A)(l), and 9-102(B)(4). In addition, the panel found a violation of DR 1-102(A)(4).

Count IV

{¶ 16} Amanda Thompson paid respondent $10,000 to represent her in a case involving felony criminal charges. The court initially scheduled her case for a May 2006 trial but continued the date to July 17, 2006.

{¶ 17} Thompson’s mother expressed concern about respondent’s representation after hearing about respondent’s failure to appear in the Bruce matter (Count I). Between May and July, Thompson and her family were able to communicate with respondent twice in the first week and never thereafter. On July 13, 2006, Amanda wrote a letter to the trial judge detailing the difficulties she had been having communicating with her attorney and requested a continuance. Thompson’s family discussed the case with the prosecutor and discovered that respondent had failed to make Thompson aware of a plea offer.

{¶ 18} On Thompson’s trial date, respondent arrived late and asked for another continuance, claiming lack of preparation because he had only recently received some of the discovery. Thompson then discharged the respondent and asked for additional time to find new counsel. Respondent told the judge that he would refund a portion of his retainer. He has not done so.

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Cite This Page — Counsel Stack

Bluebook (online)
889 N.E.2d 109, 118 Ohio St. 3d 336, Counsel Stack Legal Research, https://law.counselstack.com/opinion/columbus-bar-assn-v-hayes-ohio-2008.