Cuyahoga County Bar Ass'n v. Scott-Chestang

109 Ohio St. 3d 405
CourtOhio Supreme Court
DecidedJune 14, 2006
DocketNo. 2006-0121
StatusPublished
Cited by2 cases

This text of 109 Ohio St. 3d 405 (Cuyahoga County Bar Ass'n v. Scott-Chestang) 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
Cuyahoga County Bar Ass'n v. Scott-Chestang, 109 Ohio St. 3d 405 (Ohio 2006).

Opinion

Per Curiam.

{¶ 1} Respondent, Renee B. Scott-Chestang, now known as Renee B. ScottChestang Fossett, of Shaker Heights, Ohio, Attorney Registration No. 0030616, was admitted to the Ohio bar in 1985.

{¶ 2} On May 20, 2005, relator, Cuyahoga County 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 hearing on the complaint in August 2005. 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 March 2003, John Chapman hired respondent to represent him in a bankruptcy matter. Chapman paid $665 to respondent for her services and $185 for a bankruptcy filing fee. Respondent gathered Chapman’s credit reports, prepared some paperwork on his behalf, and spoke with him in her office and by telephone. She failed, however, to file Chapman’s bankruptcy petition with the bankruptcy court as she had promised, and she never returned any of the fees that he had paid her.

{¶ 4} The board found that respondent had thereby violated DR 6-101(A)(3) (prohibiting a lawyer from neglecting an entrusted legal matter).

Count II

{¶ 5} In March 2003, Gracie Wilkins hired respondent to represent her in a domestic-relations matter. Wilkins paid a total of $710 to respondent for legal [406]*406services and a court filing fee. Respondent met with Wilkins and obtained some documents from her, but respondent failed to file Wilkins’s divorce case in court as she had promised. Respondent also failed to return any of the fees that Wilkins had paid her.

{¶ 6} The board found that respondent had thereby violated DR 6-101(A)(3).

Count III

{¶ 7} In August 2003, Kenneth and Cynthia Troutman hired respondent to represent them in a bankruptcy matter. The Troutmans paid $1,000 to respondent for her services and $185 for a bankruptcy filing fee. Respondent gathered paperwork from the Troutmans and prepared a bankruptcy petition for them. She failed, however, to file the Troutmans’ bankruptcy petition with the bankruptcy court as she had promised, and she never returned any of the fees that they had paid her.

{¶ 8} The board found that respondent had thereby violated DR 6 — 101 (A)(3).

Count TV

{¶ 9} In July 2003, Victor Hill hired respondent to represent him in a bankruptcy matter. Hill paid $465 to respondent for her services and $185 for a bankruptcy filing fee. Respondent met with Hill and prepared a bankruptcy petition for him. She failed, however, to file Hill’s bankruptcy petition with the bankruptcy court as she had promised, and she never returned any of the fees that he had paid her.

{¶ 10} The board found that respondent had thereby violated DR 6-101(A)(3).

Count V

{¶ 11} In August 2003, Irena Thomas hired respondent to represent her in a bankruptcy matter. Thomas paid $515 to respondent for her services and $185 for a bankruptcy filing fee. Respondent met with Thomas and prepared a bankruptcy petition for her. She failed, however, to file Thomas’s bankruptcy petition with the bankruptcy court as she had promised, and she never returned any of the fees that Thomas had paid her.

{¶ 12} The board found that respondent had thereby violated DR 6-101(A)(3).

Count VI

{¶ 13} In March 2003, Michelle Wilson hired respondent to represent her in a grandparent-visitation matter and paid a $1,550 retainer. Respondent met with Wilson, performed legal research for her, and prepared a motion on Wilson’s behalf. In July 2003, Wilson discharged respondent and demanded a refund of the retainer. In November 2003, Wilson filed a complaint against respondent in [407]*407small-claims court. Respondent did not appear at the hearing, and a $1,550 judgment was awarded to Wilson. Respondent has not paid the judgment.

{¶ 14} The board found that respondent had thereby violated DR 6-101(A)(3).

Count VII

{¶ 15} In June 2000, Kimonios Henderson-Oliver hired respondent to represent her in a domestic-relations matter. Although respondent obtained a divorce decree for Henderson-Oliver, she failed to complete a qualified domestic-relations order or file a quit-claim deed on Henderson-Oliver’s behalf.

{¶ 16} The board found that respondent had thereby violated DR 6 — 101(A)(3).

Count VIII

{¶ 17} Francisca Acosta hired respondent to represent her in a bankruptcy matter. Acosta paid $650 to respondent for her services and $200 for a bankruptcy filing fee. Respondent met with Acosta and obtained documents from her. She failed, however, to file Acosta’s bankruptcy petition with the bankruptcy court as she had promised, and she never returned any of the fees that Acosta had paid her.

{¶ 18} The board found that respondent had thereby violated DR 6 — 101(A)(3).

Count IX

{¶ 19} In September 2002, Carmencita Pratt hired respondent to represent her in a domestic-relations matter. Respondent obtained a divorce decree for Pratt, but failed to file the necessary paperwork to ensure the transfer of Pratt’s share of the funds in her ex-husband’s deferred-compensation plan.

{¶ 20} The board found that respondent had thereby violated DR 6 — 101(A)(3).

Count X

{¶21} The board dismissed the allegations in Count X of the amended complaint.

Count XI

{¶ 22} Respondent prepared and filed a bankruptcy petition on behalf of Guther Barnes. Respondent was in the hospital at the time of the bankruptcy hearing and therefore did not attend. The bankruptcy trustee filed a one-page form to finalize the bankruptcy and filed a motion calling for respondent to refund $150 to Barnes. The bankruptcy court ordered respondent to pay a sanction of $10 per day until the $150 was paid to Barnes.

{¶ 23} The board found that respondent had thereby violated DR 6 — 101(A)(3).

[408]*408 Count XII

{¶ 24} In January 2002, Jennifer Guilford-Howard and Ernest Howard hired respondent to represent them after they sustained injuries in a car accident. In December 2003, their claims were settled, and the insurance company sent an $11,000 settlement check to respondent. Respondent then wrote separate checks to each of her clients in January 2004 for their share of the settlement proceeds. Those checks were returned for insufficient funds. From the settlement proceeds, respondent was also supposed to pay the Howards’ medical provider, but she failed to do so, prompting that provider to sue the Howards for the cost of their medical care.

{¶ 25} The board found that respondent had thereby violated DR 1-102(A)(4) (prohibiting conduct involving fraud, deceit, dishonesty, or misrepresentation), 7-101(A)(2) (prohibiting an attorney from intentionally failing to carry out a contract of professional employment), 7-101(A)(3) (prohibiting an attorney from intentionally prejudicing or damaging a client), and 9-102(B)(4) (requiring a lawyer to promptly deliver funds to which a client is entitled).

Count XIII

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Related

Disciplinary Counsel v. Ford (Slip Opinion)
2021 Ohio 3661 (Ohio Supreme Court, 2021)
Cuyahoga County Bar Ass'n v. Scott-Chestang
865 N.E.2d 48 (Ohio Supreme Court, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
109 Ohio St. 3d 405, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cuyahoga-county-bar-assn-v-scott-chestang-ohio-2006.