Disciplinary Counsel v. Jones

103 Ohio St. 3d 590
CourtOhio Supreme Court
DecidedNovember 17, 2004
DocketNo. 2004-1013
StatusPublished

This text of 103 Ohio St. 3d 590 (Disciplinary Counsel v. Jones) 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
Disciplinary Counsel v. Jones, 103 Ohio St. 3d 590 (Ohio 2004).

Opinion

Per Curiam.

{¶ 1} Respondent, Shirley May Jones of Cuyahoga Falls, Ohio, Attorney Registration No. 0030085, was admitted to the practice of law in Ohio in 1985. On April 9, 2003, we indefinitely suspended respondent from practice for her repeated failure to properly administer estates and her failure to cooperate in the investigation of that misconduct. Akron Bar Assn. v. Jones, 98 Ohio St.3d 422, 2003-Ohio-1497, 786 N.E.2d 456.

{¶ 2} On June 9, 2003, relator, Disciplinary Counsel, charged in a two-count complaint that respondent had again violated the Code of Professional Responsibility in administering two other estates and failing to cooperate in the ensuing disciplinary investigation. Respondent was served the complaint but did not answer, and relator moved for default pursuant to Gov.Bar R. V(6)(F). The Board of Commissioners on Grievances and Discipline appointed a master commissioner to consider the cause. The master commissioner granted the motion for default, making findings of fact, conclusions of law, and a recommendation, all of which the board adopted.

Count I

The Feldman Grievance

{¶ 3} Suzanne Feldman’s mother died on January 31, 2001, leaving her as co-successor trustee of the Eliot and Sylvia Grant Trust. In February 2001, Feldman retained respondent to close the trust, distribute the assets to the [591]*591beneficiaries, and prepare an Ohio estate tax return. Respondent asked Feldman to handle the transfer of assets herself and to contact respondent when the transfers were completed. Feldman managed to have title to the assets transferred.

{¶ 4} Respondent promised to record a deed that the transfer of assets apparently necessitated, and in February 2001, Feldman gave respondent a $105 check for filing fees that respondent later cashed. By June 27, 2001, respondent had prepared the deed and given Feldman what appeared to be a completed Ohio estate tax return. Feldman gave respondent a $20,145.35 check to pay the estate taxes and a $450 check for attorney fees.

{¶ 5} Although respondent had assured Feldman that she would record the deed and also file the estate tax return, Feldman noticed after some time that the check for estate taxes had not been negotiated. Feldman attempted to contact respondent on numerous occasions, but respondent did not reply. Feldman also learned from the Summit County Recorder’s Office that the deed had not been filed. Feldman then left a note at respondent’s residence asking respondent to contact her, but Feldman never heard from respondent again. In the meantime, respondent cashed the $450 check for fees.

{¶ 6} By August 24, 2001, Feldman had hired another attorney, and her new attorney asked respondent in writing to return respondent’s file, the estate tax return, the check for the estate taxes, and any other documents prepared for Feldman’s mother’s estate. On October 15, 2001, Feldman’s new attorney requested that the Summit County Probate Court issue an order for respondent to show cause why she had not filed the estate tax return. Also in October, Feldman stopped payment on the $20,145.35 check that she had given to respondent.

The Miller Grievance

{¶ 7} On January 20, 1997, Darrell K. Miller died intestate, leaving his spouse and their nine children as heirs. Shortly thereafter, Miller’s widow retained respondent to represent her as the fiduciary in the administration of the Miller estate.

{¶ 8} Respondent advised her client that although she would normally have charged $20,000 for administering the estate, she would give the client “a deal” in this case and charge only $12,000 for her services. In September 1997, the client paid respondent $450 in filing and attorney fees.

{¶ 9} In July 1998, respondent filed an application to administer the Miller estate in the Tuscarawas County Probate Court, and the client paid her $6,000 in attorney fees. During July and August 1998, respondent filed with the court an [592]*592application for family allowance and an inventory and appraisal, and in February 1999, she filed a Notice to Distributee for all the heirs.

{¶ 10} In December 1999, respondent’s client paid an additional $3,150 in attorney fees. Neither these nor any previous fees were approved by the probate court as required.

{¶ 11} In February 2000, respondent forwarded a quitclaim deed to the client for her children and other family members to sign. According to the client, respondent advised that the signatures need not be notarized. With this instruction, the client obtained the necessary signatures and returned the quitclaim deed to respondent.

{¶ 12} Thereafter, respondent notarized the signatures on the quitclaim deed by falsely certifying that on December 19, 1999, she had witnessed four members of the Miller family sign the deed personally. Respondent also falsely certified in the notarization that on May 24, 2000, she had witnessed eight more members of the Miller family sign the deed. In addition, respondent forged the signature of a former paralegal, a purported witness, nine times on the quitclaim deed.

{¶ 13} In February 2000, the probate court issued on respondent’s application a certificate to transfer certain real property in the estate to respondent’s client and the client’s children. Respondent never recorded the certificate of transfer as required.

(¶ 14} Respondent’s client often attempted to contact her during this representation; however, respondent rarely returned the client’s calls. Frustrated by respondent’s inattention, the client retained new counsel in October 2000 to represent her in the administration of the Miller estate. Respondent also did not reply to the successor attorney’s letters in October and November 2000 asking that respondent return the client’s case file.

{¶ 15} On the successor attorney’s motion, the probate court ordered respondent to produce the Miller estate case file on or before January 16, 2001. Respondent did not comply, and the court ordered respondent to appear at a hearing on February 5, 2001. Respondent appeared on that date and turned the Miller estate case file over to the successor attorney.

{¶ 16} Upon review of the files, the successor attorney noticed irregularities in respondent’s paperwork and filed a motion to vacate three earlier orders in the estate, which the court granted on June 4, 2001. In November 2001, the successor attorney moved for an order requiring respondent to return $9,000 paid to respondent in attorney fees. Prior to a hearing on the motions, respondent contacted the successor attorney and agreed to a joint entry for repayment. She failed to return the signed entry as promised, however, and she also failed on March 11, 2002, to appear and justify her fees.

[593]*593{¶ 17} On March 20, 2002, the probate court ordered respondent to return $9,000 to the Miller estate -within 30 days. Respondent did not comply. She was later ordered to show cause why she should not be held in contempt. The record does not reflect any further action on this matter.

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Related

Akron Bar Ass'n v. Jones
786 N.E.2d 456 (Ohio Supreme Court, 2003)
Toledo Bar Ass'n v. Pommeranz
102 Ohio St. 3d 26 (Ohio Supreme Court, 2004)

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Bluebook (online)
103 Ohio St. 3d 590, Counsel Stack Legal Research, https://law.counselstack.com/opinion/disciplinary-counsel-v-jones-ohio-2004.