Disciplinary Counsel v. Lord

111 Ohio St. 3d 131
CourtOhio Supreme Court
DecidedNovember 1, 2006
DocketNo. 2006-0463
StatusPublished
Cited by3 cases

This text of 111 Ohio St. 3d 131 (Disciplinary Counsel v. Lord) 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. Lord, 111 Ohio St. 3d 131 (Ohio 2006).

Opinion

Per Curiam.

{¶ 1} Respondent, John Albert Lord of North Royalton, Ohio, Attorney Registration No. 0072696, was admitted to the Ohio bar in 2000.

{¶ 2} On September 13, 2005, relator, Disciplinary Counsel, filed an amended complaint charging respondent with multiple violations of the Code of Professional Responsibility. 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 November 2005. The panel then prepared written findings of fact and conclusions of law, which the board adopted, as well as a recommendation, which the board modified.

Misconduct

{¶ 3} The board found that relator had failed to meet its burden of proof on Counts II and III of the amended complaint, and relator has not challenged those findings here. The allegations in the remaining counts are discussed below.

[132]*132 Count I

{¶ 4} In June 2002, respondent prepared and filed a bankruptcy petition on behalf of his clients Clarence and Donna Rosenkranz. He did not file with the petition any information about the Rosenkranzes’ creditors, however, prompting the bankruptcy court to issue a “notice of deficient filing” in July 2002. That same month, the bankruptcy trustee filed a motion to dismiss the bankruptcy petition because respondent had not filed a Chapter 13 plan on his clients’ behalf.

{¶ 5} The bankruptcy court scheduled a creditors’ meeting in the case for August 13, 2002, but respondent and his clients did not attend. Respondent testified at his disciplinary hearing that a staff person in the Chapter 13 trustee’s office had told him that the meeting had been continued, but respondent could not provide the name of that person, and he had no documentary support for his claim. Relying on the testimony of a staff attorney from the Chapter 13 trustee’s office, the board concluded that respondent had in fact not spoken with anyone about a continuance of the creditors’ meeting, which did go forward as scheduled on August 13, 2002.

{¶ 6} Respondent never filed a Chapter 13 plan or other necessary documents to support the initial bankruptcy petition that he had filed for the Rosenkranzes, and he never responded to the trustee’s motion to dismiss. On September 25, 2002, the bankruptcy court granted the trustee’s motion to dismiss the case because no Chapter 13 plan had been filed and neither respondent nor his clients had appeared at the creditors’ meeting.

{¶ 7} After examining these actions, the board found that respondent had violated the following Disciplinary Rules: DR 1-102(A)(5) (barring conduct that is prejudicial to the administration of justice) and 6-101(A)(3) (prohibiting a lawyer from neglecting an entrusted legal matter).

Count TV

{¶ 8} In September 2004, respondent filed a civil suit in the Ashtabula County Court of Common Pleas on behalf of his client Kyle Carmean, who had paid respondent $630 for his services. Although respondent told Carmean that he had filed the complaint, he never gave Carmean a copy of it, and he never told Carmean that the case was scheduled for trial on August 10, 2005. On the trial date, respondent voluntarily dismissed the case without telling Carmean and without his approval.

{¶ 9} The board found that respondent had violated DR 1-102(A)(5) and 7-101(A)(2) (prohibiting an attorney from intentionally failing to carry out a contract of professional employment) in the course of his representation of Carmean.

[133]*133{¶ 10} In September 2004, respondent filed a civil suit in the Ashtabula County Court of Common Pleas on behalf of his clients Margaret and Peter Arando, who had paid respondent $250 for his services. Although respondent told the Arancios that he had filed the complaint, he never gave them a copy of it, and he never told them that the case was scheduled for a pretrial hearing on August 1, 2005. Because neither respondent nor the Arancios appeared at the pretrial hearing, the trial court dismissed the Arancios’ case with prejudice. Respondent never told his clients that their case had been dismissed.

{¶ 11} The board found that respondent had violated DR 1 — 102(A)(5) and 7-101(A)(2) in the course of his representation of the Arancios.

{¶ 12} In January 2005, a civil case that respondent had filed on behalf of his client Robin Gauvin in the Mentor Municipal Court was transferred to the Lake County Court of Common Pleas. After respondent failed to appear at a case-management conference in July 2005, the trial court ordered that respondent show cause as to why he should not be held in contempt. When respondent likewise failed to appear at the show-cause hearing, the trial court issued a bench warrant for his arrest. Once respondent appeared before the trial court on August 26, 2005, the judge found him in contempt and ordered him to pay a $150 fine.

{¶ 13} Respondent testified at his disciplinary hearing that he had never received notice by mail of the July 2005 case-management conference or the August 2005 show-cause hearing. He also claimed that his telephone had malfunctioned and he therefore had never received telephone messages left for him by the judge’s office. The board did not find this testimony credible.

{¶ 14} The board found that respondent had violated DR 1-102(A)(5), 1-102(A)(6) (barring conduct that adversely reflects on a lawyer’s fitness to practice law), and 7-101(A)(2) in the course of his representation of Gauvin.

Count V

{¶ 15} In January 2004, respondent filed a civil suit in the Cuyahoga County Court of Common Pleas on behalf of his clients John and Elizabeth Janofsky. Respondent failed to participate in a scheduled pretrial telephone conference for the case in December 2004. He testified at his disciplinary hearing that he was no longer representing the Janofskys at the time of the pretrial conference, and he thought that he had filed a motion to withdraw from the representation. No motion was actually filed, however, and respondent did not contact the trial court before the pretrial conference.

{¶ 16} The trial court rescheduled the pretrial conference, but once again, respondent did not appear, prompting the trial court to dismiss the Janofskys’ case without prejudice. Although respondent told his clients that their case had [134]*134been dismissed, he led them to believe that he had requested the dismissal and did not explain that the case had been dismissed because he had failed to appear at the two pretrial hearings.

{¶ 17} The board found that respondent had violated DR 1-102(A)(4) (barring an attorney from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation), 1-102(A)(5), and 1-102(A)(6).

Count VI

{¶ 18} In December 2004, respondent agreed to represent Prentis Rucker Jr. in an employment-law matter, and Rucker paid a $750 retainer to respondent for his services. After their initial meeting, Rucker called respondent several times, but respondent did not return the calls. Rucker tried to send respondent a letter by certified mail, but respondent never claimed it at the post office. Rucker became frustrated by respondent’s lack of diligence on the case, and he filed a civil suit against respondent in March 2005, seeking the return of the retainer. Respondent failed to answer the complaint, and Rucker obtained a default judgment against him for $750.

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Related

Cincinnati Bar Association v. Hoskins
2016 Ohio 4576 (Ohio Supreme Court, 2016)
Disciplinary Counsel v. Lord
873 N.E.2d 273 (Ohio Supreme Court, 2007)
Disciplinary Counsel v. Mathewson
865 N.E.2d 891 (Ohio Supreme Court, 2007)

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Bluebook (online)
111 Ohio St. 3d 131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/disciplinary-counsel-v-lord-ohio-2006.