Dayton Bar Ass'n v. Landon

108 Ohio St. 3d 173
CourtOhio Supreme Court
DecidedFebruary 22, 2006
DocketNo. 2005-1196
StatusPublished

This text of 108 Ohio St. 3d 173 (Dayton Bar Ass'n v. Landon) 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
Dayton Bar Ass'n v. Landon, 108 Ohio St. 3d 173 (Ohio 2006).

Opinion

Per Curiam.

{¶ 1} Respondent, David H. Landon of Dayton, Ohio, Attorney Registration No. 0029185, was admitted to the practice of law in Ohio in 1979.

{¶ 2} On October 21, 2004, relator Disciplinary Counsel charged respondent in a three-count complaint with violations of the Code of Professional Responsibility. On October 28, 2004, relator Dayton Bar Association charged respondent in an amended complaint with five additional counts of professional misconduct. The cases were consolidated and heard by a panel of the Board of Commissioners on Grievances and Discipline. Based on the parties’ stipulations and other evidence, the panel made findings of fact, conclusions of law, and a recommendation, all of which the board adopted.

Misconduct

{¶ 3} Respondent stipulated not only to the eight counts of misconduct charged in the complaints, he also stipulated to three more counts, waiving all his due process rights as to notice and hearing.

[174]*174 Count I

{¶ 4} Respondent has not maintained professional-liability insurance since November 22, 2002, and has not advised clients of this fact. Respondent conceded and the board found that his conduct violated DR 1-104 (requiring a lawyer to notify a client if he does not carry sufficient professional-liability insurance).

Counts II and III

{¶ 5} A client paid respondent $770 to help her obtain a legal separation from her spouse. Respondent neglected the case, and, in January 2003, the client went to respondent’s office to ask about the delay. Respondent falsely told the client that he had not been able to serve the separation complaint “due to the holidays.” Respondent knew at the time that he had not filed the case in court and had no legal papers ready with which to serve the husband. Despite her requests, respondent also did not refund his client’s money.

{¶ 6} Respondent conceded and the board found that he had violated DR 6-101(A)(3) (prohibiting the neglect of an entrusted legal matter) and 1-102(A)(4) (prohibiting conduct involving fraud, deceit, dishonesty, or misrepresentation) in connection with Counts II and III.

Count IV

{¶ 7} In September 2002, a client paid respondent $750 for help in securing refinancing for some real estate that she owned with a former boyfriend. After one month, the client asked respondent about the status of the case. Respondent told her that the ex-boyfriend had not responded to his first letter and that he would send another letter. The client asked for a copy of the first letter, but respondent did not send a copy to her as he promised to do.

{¶ 8} In December 2002, the client asked again about respondent’s progress. Respondent replied that he needed to send a third letter to the ex-boyfriend, and the client asked for copies of the letters that he had supposedly already sent. Respondent told the client that he did not have the letters with him and that if she wanted copies, she would have to return at another time. Thereafter, the client repeatedly attempted without success to contact respondent, and respondent did not comply with her requests for a refund.

{¶ 9} Respondent conceded and the board found that he had violated DR 6-101(A)(3) in connection with Count IV.

Count V

{¶ 10} A client paid respondent $260 for legal help in an eviction case. Respondent did not complete the representation, nor did he refund his client’s [175]*175money as requested. Respondent conceded and the board found that he had violated DR 6-101(A)(3).

Counts VI and VII

{¶ 11} In April 2004, a client paid respondent $500 for help in obtaining a divorce. Respondent completed the paperwork but did not file the papers in court. Respondent then falsely advised his client that a hearing had been scheduled in the case. On the day before the hearing was supposedly to be held, respondent falsely advised the client that the hearing had been rescheduled. The client checked with the domestic relations court himself and discovered that nothing had been filed on his behalf.

{¶ 12} After neglecting this client’s case, respondent promised to refund the client’s $500. Respondent had not repaid the client as of September 2004, when the client filed a grievance against him.

{¶ 13} Respondent conceded and the board found that he had violated DR 1-102(A)(4) and 6-101(A)(3) in connection with these counts.

Count VIII

{¶ 14} In April 2004, a client paid respondent a $500 retainer to represent her in a child-support dispute. Respondent neglected the ease and did not refund the client’s money despite her repeated requests. Respondent conceded and the board found that he had thereby violated 6-101(A)(3).

Count IX

{¶ 15} In October 1995, a client paid respondent $600 to file a bankruptcy petition on the client’s behalf. After respondent filed the petition, the client reported to him that one creditor was continuing to call and send collection letters. Respondent falsely told his client that he had filed a motion for a contempt citation against the creditor. On November 6, 1997, respondent personally paid the client $1,200 and falsely explained that the payment was the result of the contempt proceedings.

{¶ 16} Respondent conceded and the board found that he had violated DR 1-102(A)(4) and 1-102(A)(6) (prohibiting conduct that adversely reflects on a lawyer’s fitness to practice law) in connection with Count IX.

Count X

{¶ 17} On October 8, 2003, Disciplinary Counsel sent a letter of inquiry to respondent by certified mail, asking him to respond to allegations of professional misconduct. A member of respondent’s office staff signed the return receipt, but respondent did not reply. On October 30, 2003, Disciplinary Counsel sent a [176]*176second letter of inquiry to respondent by certified mail. Again, a staff member signed the return receipt, but respondent did not reply.

{¶ 18} In January 2004, Disciplinary Counsel subpoenaed respondent to appear for his deposition on February 24, 2004. Respondent was duly served with the subpoena but did not appear.

{¶ 19} Respondent conceded and the board found that he had violated Gov.Bar R. V(4)(G) (requiring a lawyer to cooperate in a disciplinary proceeding) in connection with Count X.

Count XI

{¶ 20} Respondent conceded and the board found that he did not register as an attorney or pay his registration fee on or before September 1, 2003. Respondent conceded and the board found that he had violated Gov.Bar R. VI(1)(A).

Recommended Sanction

{¶ 21} In recommending a sanction for this misconduct, the panel and board weighed the aggravating and mitigating factors listed in Section 10 of the Rules and Regulations Governing Procedure on Complaint and Hearings Before the Board of Commissioners on Grievances and Discipline (“BCGD Proc.Reg.”). The parties also stipulated to the following considerations.

{¶ 22} As mitigating, the panel and board found that respondent had no prior disciplinary record and that after he retained counsel, he cooperated with disciplinary authorities completely. BCGD Proc.Reg. 10(B)(2)(a) and (d).

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

Related

Akron Bar Ass'n v. Snyder
676 N.E.2d 504 (Ohio Supreme Court, 1997)
Dayton Bar Ass'n v. Shaman
685 N.E.2d 518 (Ohio Supreme Court, 1997)
Office of Disciplinary Counsel v. Golden
778 N.E.2d 564 (Ohio Supreme Court, 2002)
Dayton Bar Assn. v. Shaman
1997 Ohio 78 (Ohio Supreme Court, 1997)
Akron Bar Assn. v. Snyder
1997 Ohio 95 (Ohio Supreme Court, 1997)
Disciplinary Counsel v. Golden
2002 Ohio 5934 (Ohio Supreme Court, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
108 Ohio St. 3d 173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dayton-bar-assn-v-landon-ohio-2006.