Disciplinary Counsel v. Lentes

900 N.E.2d 167, 120 Ohio St. 3d 431
CourtOhio Supreme Court
DecidedDecember 11, 2008
DocketNo. 2008-1709
StatusPublished
Cited by6 cases

This text of 900 N.E.2d 167 (Disciplinary Counsel v. Lentes) 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. Lentes, 900 N.E.2d 167, 120 Ohio St. 3d 431 (Ohio 2008).

Opinions

Per Curiam.

{¶ 1} Respondent, John Robert Lentes of Gallipolis, Ohio, Attorney Registration No. 0029906, was admitted to the practice of law in Ohio in 1985. The Board of Commissioners on Grievances and Discipline recommends that we permanently disbar respondent, based on findings that he systematically deceived clients through lies about fictitious complaints, hearings, and other legal proceedings, in one case even fabricating a judgment entry, and also disregarded efforts to investigate this misconduct. We find that respondent committed these unconscionable acts, that he thereby flagrantly violated standards of professional ethics, and that his disbarment is warranted.

{¶ 2} Relator, Disciplinary Counsel, charged respondent in a six-count complaint with violations of Gov.Bar R. V(4)(G) (requiring cooperation in a disciplinary investigation), the Disciplinary Rules of the Code of Professional Responsibility, and the Rules of Professional Conduct.1 Respondent was served with notice [432]*432of the complaint but did not answer, and relator moved for default. See Gov.Bar R. V(6)(F). A master commissioner appointed by the board granted the motion, making findings of fact, conclusions of law, and a recommendation for permanent disbarment. The board adopted the master commissioner’s findings of misconduct and recommendation to disbar.

{¶ 3} In objecting to the board’s report, respondent attempted to argue factors in mitigation of his misconduct. The objections are overruled.

{¶ 4} We have previously rejected a respondent’s attempt to introduce evidence in the first instance in the respondent’s objections to the board’s report and during oral argument to show cause why we should not adopt the board’s report. Columbus Bar Assn. v. Sterner (1996), 77 Ohio St.3d 164, 672 N.E.2d 633. In Sterner, we held that Gov.Bar R. V, which sets forth procedure in the disciplinary process and affords the opportunity for a formal evidentiary hearing before a panel of the board, “has no provision for the introduction of evidence in the brief filed in this court or in the oral argument to this court” and that “[o]nly in the most exceptional circumstances would we accept additional evidence at that late stage of the proceedings.” Id. at 167-168, 672 N.E.2d 633. Accord Columbus Bar Assn. v. Finneran (1997), 80 Ohio St.3d 428, 687 N.E.2d 405. No exceptional circumstances are present in this case.

{¶ 5} In addition to arguing mitigation during oral argument, respondent asked for the opportunity to submit a resignation from the practice of law within 90 days. At this late stage of the proceedings, respondent has forfeited that opportunity.

{¶ 6} Gov.Bar R. VI(6)(C) permits lawyers who are the subject of disciplinary proceedings to resign from the practice of law with the designation “resigned with disciplinary action pending.” This rule does not exist to allow lawyers to exhaust the participants and procedures of the disciplinary system in hope of ultimately evading the recommended sanction. Lawyers resorting to resignation during disciplinary proceedings should therefore resign at the beginning of the proceedings. This immediately removes the lawyer from the practice of law, thereby protecting the public and sparing the disciplinary process the time and expense of the proceedings. Rarely will this court accept a resignation tendered at the end of the proceedings, when the benefit to the public and the disciplinary process no longer remains. See Akron Bar Assn. v. Holder, 112 Ohio St.3d 90, 2006-Ohio-6506, 858 N.E.2d 356.

[433]*433Misconduct

{¶ 7} Respondent violated ethical standards while purporting to represent clients in three separate legal actions and in then failing to respond during the investigation of the ensuing grievances.

Count I — The Garretson Grievance

{¶ 8} Greg Garretson retained respondent in November 2004 to represent him in a dispute with a Harley Davidson dealership over repairs on a motorcycle. Respondent promised to file a lawsuit, advising Garretson that he would recover his legal fees through the litigation. Respondent had no success negotiating informally to resolve the dispute with the dealership but never filed suit. He instead misled Garretson, falsely telling his client on a number of occasions that he had filed a complaint against the dealership in the Gallia County Court of Common Pleas.

{¶ 9} In fact, respondent did little but lie to Garretson. In mid-March 2006, respondent had Garretson meet him for a fictitious hearing at the common pleas court. He kept Garretson waiting outside the courtroom and then told his client that he needed to hire a mechanic as an expert, which was not true. Garretson, acting on respondent’s false representation, hired an expert, who examined the motorcycle at the dealership, and Garretson gave the expert’s report to respondent, all for nothing.

{¶ 10} Respondent then continued the ruse. He met with Garretson in June, August, and November 2006, feigning during each conference that proceedings were ongoing in Garretson’s court case. In early January 2007, respondent met with Garretson specifically to prepare him for a trial that respondent falsely said had been scheduled for January 8, 2007. On the supposed trial date, respondent again had Garretson come to court and wait outside while the common pleas judge supposedly conducted proceedings. When respondent returned, he falsely told Garretson that representatives for the dealership had not appeared and that the judge would soon enter judgment in Garretson’s favor.

{¶ 11} During another meeting in early March 2007, respondent falsely told Garretson that he had sent a letter on the court’s behalf to the dealership, directing the dealership to deliver the motorcycle to respondent’s office within 30 days. When the deadline expired, respondent called Garretson and made up a reason to explain why the delivery would not occur. Garretson then offered to accept the value of the motorcycle in place of delivery. In response, respondent falsely represented that he would arrange with the judge for Garretson to receive a check within one week.

{¶ 12} Within that week, respondent presented Garretson with a judgment entry purporting to be a ruling in Garretson’s favor. Respondent fabricated the [434]*434entry and forged the signature of Gallia County Common Pleas Court Judge D. Dean Evans. Garretson learned of the fabrication and forgery in early May 2007, when he checked with the common pleas court and was told that respondent had never filed any complaint on his behalf.

{¶ 13} Clear and convincing evidence shows that from March 2006 to May 2007, respondent deceived Garretson as to the status of his case, including the fabrication and forgery of a court order. Respondent thereby violated (1) Prof.Cond.R. 8.4(c) and its predecessor, DR 1-102(A)(4) (prohibiting conduct involving dishonesty, fraud, deceit, or misrepresentation); (2) Prof.Cond.R. 8.4(d) and its predecessor, DR 1-102(A)(5) (prohibiting conduct prejudicial to the administration of justice); and (3) Prof.Cond.R.

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Cite This Page — Counsel Stack

Bluebook (online)
900 N.E.2d 167, 120 Ohio St. 3d 431, Counsel Stack Legal Research, https://law.counselstack.com/opinion/disciplinary-counsel-v-lentes-ohio-2008.