Columbus Bar Ass'n v. Smith

108 Ohio St. 3d 146
CourtOhio Supreme Court
DecidedFebruary 15, 2006
DocketNo. 2005-1529
StatusPublished

This text of 108 Ohio St. 3d 146 (Columbus Bar Ass'n v. Smith) 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. Smith, 108 Ohio St. 3d 146 (Ohio 2006).

Opinion

Per Curiam.

{¶ 1} Respondent, Daniel Scott Smith of Columbus, Ohio, Attorney Registration No. 0008972, was admitted to the Ohio bar in 1985. He is not currently registered as a practicing attorney in Ohio. On April 29, 2005, we imposed an interim remedial suspension under Gov.Bar R. V(5a) after we received substantial, credible evidence demonstrating that respondent had committed a violation of the Code of Professional Responsibility and posed a substantial threat of serious harm to the public. Columbus Bar Assn. v. Smith, 105 Ohio St.3d 1521, 2005-Ohio-1972, 826 N.E.2d 843.

{¶ 2} On February 7, 2005, relator, Columbus Bar Association, filed a complaint charging respondent with 13 counts of professional misconduct. Respondent was served with the complaint but did 'not answer, and relator moved for default under Gov.Bar R. V(6)(F). A master commissioner appointed by the Board of Commissioners on Grievances and Discipline granted the motion, making findings of fact, conclusions of law, and a recommendation, all of which the board adopted.

{¶ 3} The master commissioner dismissed Counts VIH and XII of the complaint, finding no clear and convincing evidence of the misconduct charged in those counts. See Gov.Bar R. V(6)(H). We therefore review the board’s findings and recommendation regarding the remaining allegations of the complaint.

Misconduct

Count I

{¶ 4} In September 2003, Teresa Murphy paid respondent a $90 consultation fee and met with him to discuss the recent elimination of her job at the Columbus Health Department. For an additional $200, he agreed to send a letter on her behalf to the department. Respondent, however, never sent the letter, despite repeated calls from Murphy inquiring about the status of her case. Respondent misplaced his notes from his meeting with Murphy and had no recollection of her when she started calling his office. Murphy terminated the representation after [148]*148several weeks and requested a refund of her money, which respondent did provide.

{¶ 5} The board found that respondent had violated DR 1 — 102(A)(5) (barring conduct that is prejudicial to the administration of justice), 1-102(A)(6) (prohibiting conduct that adversely reflects on a lawyer’s fitness to practice law), 6-101(A)(3) (barring an attorney from neglecting an entrusted legal matter), 7-101(A)(1) (requiring an attorney to seek the client’s lawful objective through reasonable means), and 7-101(A)(2) (requiring an attorney to carry out a contract of professional employment).

Count II

{¶ 6} In 2002, Larry Albanese retained respondent to represent him in an employment-discrimination matter and paid $1,500 to respondent for his services. Respondent filed a complaint in the United States District Court for the Southern District of Ohio on Albanese’s behalf. After the defendant filed a motion for summary judgment in 2003, respondent failed to file a memorandum opposing the motion. The court granted the motion and dismissed Albanese’s case with prejudice.

{¶ 7} The board found that respondent had violated DR 1-102(A)(5), 1-102(A)(6), 6-101(A)(3), 7-101(A)(l), 7-101(A)(2), and 7-101(A)(3) (barring conduct that prejudices or damages a client).

Count III

{¶ 8} In 2002, Amber Jamesette-Hunt retained respondent to represent her in an employment-discrimination matter and paid $750 to respondent for his services. Respondent did not provide Hunt with a written fee agreement, although he assured her that he would do so. He also neglected to fulfill his promises to send a letter to her former employer and to file a claim on her behalf with the Equal Employment Opportunity Commission (“EEOC”). At one point, respondent told Hunt that her case was “on the fast track,” but in fact, the time for filing a claim with the EEOC had lapsed before he took any action on the case. Hunt later requested a refund from respondent, but she did not receive one until several months after she filed a grievance against him.

{¶ 9} The board found that respondent had violated DR 1-102(A)(4) (barring conduct involving fraud, deceit, dishonesty, or misrepresentation), 1-102(A)(5), 1-102(A)(6), 6-101(A)(3), 7-101(A)(l), 7-101(A)(2), and 9-102(B)(4) (requiring prompt payment of the client’s funds or other property in the lawyer’s possession).

[149]*149 Count IV

{¶ 10} In 2003, JoAnn Penfound retained respondent to represent her in a civil collection matter and paid $750 to respondent for his services. Respondent filed a civil complaint on Penfound’s behalf, but he never obtained service of process on the defendant even though Penfound had given him the defendant’s latest address. Penfound did not receive a refund of her money until several months after she filed a grievance against respondent. Despite the pending grievance, respondent did not withdraw as Penfound’s counsel in the civil collection case.

{¶ 11} The board found that respondent had violated DR 1-102(A)(5), 1-102(A)(6), 5-105(A) (requiring an attorney to decline employment that is likely to compromise the attorney’s independent judgment on a client’s behalf), 6-101(A)(3), 7-101(A)(l), 7-101(A)(2), and 9-102(B)(4).

Count V

{¶ 12} In 2002, Mehrafrooz Hakhamaneshi retained respondent to represent her in an employment-discrimination matter and paid $1,065 to respondent for his services. Respondent drafted a federal complaint stating a civil rights claim on Hakhamaneshi’s behalf, but he failed to file it before the statute of limitations expired in 2004. Hakhamaneshi requested a refund from respondent, but he did not return her money. In addition, after Hakhamaneshi filed a grievance against respondent, he told her that he would represent her at no charge if she would withdraw the grievance.

{¶ 13} The board found that respondent had violated DR 1-102(A)(5), 1-102(A)(6), 6-101(A)(3), 6-102 (barring efforts by a lawyer to exonerate himself from or limit his liability to a client for malpractice), 7-101(A)(l), 7-101(A)(2), and 9-102(B)(4).

Count VI

{¶ 14} In May 2003, Carol Basye retained respondent to represent her in a workers’ compensation matter and paid $750 to respondent for his services. Respondent never contacted Basye’s physician as requested and took no other action on her behalf. Basye terminated the representation in November 2003 and demanded a refund. Respondent did not return Basye’s money until several months later.

{¶ 15} The board found that respondent had violated DR 1-102(A)(5), 1-102(A)(6), 6-101 (A)(3), 7-101(A)(l), 7-101(A)(2), and 9-102(B)(4).

Count VII

{¶ 16} In March 2003, Linda Brandow retained respondent to represent her in a divorce case and paid $1,000 to respondent for his services. She was not [150]*150satisfied with his work, however, and retained a new attorney. Thereafter, respondent failed to notify the court that he no longer represented Brandow, and when the court issued a temporary order requiring her to make payments to her husband, the notice was mailed to respondent rather than to Brandow’s new attorney.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Richland County Bar Ass'n v. Brickley
779 N.E.2d 750 (Ohio Supreme Court, 2002)
Greene County Bar Ass'n v. Fodal
100 Ohio St. 3d 310 (Ohio Supreme Court, 2003)
Cincinnati Bar Ass'n v. Weaver
102 Ohio St. 3d 264 (Ohio Supreme Court, 2004)
Columbus Bar Ass'n v. Moushey
104 Ohio St. 3d 427 (Ohio Supreme Court, 2004)
Columbus Bar Assn. v. Smith
826 N.E.2d 843 (Ohio Supreme Court, 2005)
Richland Cty. Bar Assn. v. Brickley
2002 Ohio 6416 (Ohio Supreme Court, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
108 Ohio St. 3d 146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/columbus-bar-assn-v-smith-ohio-2006.