Disciplinary Counsel v. Redfield

116 Ohio St. 3d 262
CourtOhio Supreme Court
DecidedNovember 15, 2007
DocketNo. 2007-1117
StatusPublished
Cited by4 cases

This text of 116 Ohio St. 3d 262 (Disciplinary Counsel v. Redfield) 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. Redfield, 116 Ohio St. 3d 262 (Ohio 2007).

Opinions

Per Curiam.

{¶ 1} Respondent, Bernard Redfield, Attorney Registration No. 0024600, whose last attorney registration reported a Cleveland, Ohio, address, was admitted to the practice of law in Ohio in 1984. On February 14, 2005, we suspended respondent’s license to practice on an interim basis, pursuant to Gov.Bar R. V(5)(A)(4), upon receiving notice that he was in default on a child-support order. See In re Redfield, 105 Ohio St.3d 1433, 2005-Ohio-540, 822 N.E.2d 806. Since December 2, 2005, respondent’s license has also been suspended for his failure to register as an attorney for the 2005-2007 biennium. See In re Attorney Registration Suspension, 107 Ohio St.3d 1431, 2005-Ohio-6408, 838 N.E.2d 671.

{¶ 2} The Board of Commissioners on Grievances and Discipline recommends that we now impose another suspension — a two-year suspension, with credit for the suspension ordered on February 14, 2005 — based on findings that respondent [263]*263(1) neglected a client’s case, (2) defaulted on support orders for two of his children, (3) failed to cooperate in disciplinary investigations, and (4) still has not perfected his attorney-registration record. On review, we agree that respondent committed professional misconduct and that a two-year suspension, with credit for time served, is appropriate.

{¶ 3} Relators, Disciplinary Counsel and the Cleveland Bar Association, filed separate complaints, alleging a total of six counts of professional misconduct, including charges following up on our interim suspension order. Respondent answered the complaints, admitting some factual allegations but denying the charges of misconduct. A panel of the board heard the cases together, and at that time, the Cleveland Bar Association withdrew one count of misconduct. The panel made findings of fact and conclusions of law and recommended a two-year suspension with credit for the time respondent has been suspended since the February 2005 suspension. The board adopted the panel’s findings and recommendation.

{¶ 4} Neither party has objected to the board’s report.

Misconduct

The Stevens Case

{¶ 5} Daviejean Stevens hired respondent in 2002 to file a claim against her former employer. Respondent filed suit on Stevens’s behalf in the Cuyahoga County Court of Common Pleas but did little else in the case. When respondent did not respond to the defendant’s motion for summary judgment, the court granted the motion, disposing of Stevens’s claim.

{¶ 6} Respondent explained that he had not opposed the motion for summary judgment because Stevens had not given him the names of any witnesses or documentation to substantiate her claim. Respondent also indicated, however, that he had ceased to believe in Stevens’s case after hearing her deposition testimony. In fact, he had fully expected the court to grant summary judgment against his client.

{¶ 7} We agree with the panel and board that respondent abandoned his client’s ease and thereby violated DR 6-101(A)(3) (prohibiting neglect of an entrusted legal matter), 7-101(A)(l) (prohibiting a lawyer from intentionally failing to seek the lawful objectives of a client through reasonably available legal means), and 7-101(A)(2) (prohibiting a lawyer from intentionally failing to carry out a contract for professional employment).

Failure to Cooperate in the Bar Association’s Investigations

{¶ 8} Stevens lodged a grievance against respondent. In March 2005, respondent replied to a letter inquiring about the grievance and met in August 2005 [264]*264with the bar association’s investigator. After that meeting, however, the investigator could not find respondent at any of the telephone numbers or addresses he had given or that the investigator could find for him.

{¶ 9} Upon receiving a second grievance about respondent, the bar association sent him another certified letter of inquiry, in July 2005. The certified letter came back unclaimed. In August 2005, the bar association sent respondent, by regular mail, another letter of inquiry, which was apparently delivered. Respondent did not reply.

{¶ 10} We agree with the panel and board that respondent’s failure to respond during the bar association’s investigations violated Gov.Bar R. V(4)(G) (requiring a lawyer to assist in a disciplinary investigation).

Default on Child-Support Orders

{¶ 11} As of February 28, 2007, respondent owed $18,415.12 in child-support arrearages for one of his children, having made his last payment in that case in July 2005. Also as of that date, respondent owed $12,119.38 in child-support arrearages for another of his children, having made the last payment in that case in May 2005. The Cuyahoga County Child Support Enforcement Agency moved to execute in these cases, and in January 2006, after respondent failed to appear at a hearing, the Cuyahoga County Juvenile Court issued warrants for respondent’s arrest. In early March 2007, respondent borrowed $2,500 from a friend to post bond.

{¶ 12} As of the March 23, 2007 panel hearing in this case, respondent remained in default on his child-support obligations for these two children. He has thus not complied with Gov.Bar R. V(5)(D)(l)(b) or (c) by filing with the board any of the following: a certified copy of a judgment entry reversing the. determination of default as to his child-support obligations, a notice from a court or child-support-enforcement agency that he is no longer in default on the child-support orders, or a notice from a court or child-support-enforcement agency that he is subject to and complying with a withholding or deduction notice to collect current support and any arrearage due under the child-support orders.

{¶ 13} We agree with the panel and board that by failing to pay child support, respondent violated DR 1-102(A)(5) (prohibiting conduct that is prejudicial to the administration of justice) and 1-102(A)(6) (prohibiting conduct that adversely reflects on a lawyer’s fitness to practice law).

Failure to Cooperate in Disciplinary Counsel’s Investigation

{¶ 14} In February 2005, Disciplinary Counsel sent a letter of inquiry to respondent by certified mail, requesting an explanation as to the child-support defaults. Although sent to respondent’s business address as listed in attorney-[265]*265registration records, the letter came back unclaimed. In March 2005, Disciplinary Counsel sent another certified letter of inquiry, this time to respondent’s home address as listed in attorney-registration records, asking about the defaults. The second letter also came back unclaimed.

{¶ 15} In February 2006, Disciplinary Counsel sent a letter to respondent by certified mail notifying him of Disciplinary Counsel’s intent to file a formal complaint with the board. That letter came back unclaimed.

{¶ 16} At the panel hearing, respondent explained that since December 2005, he had not been living at the address that he had listed with attorney registration as his home address, which was for an apartment above a child-care office. When respondent moved in December 2005, he had no other permanent address, so he received permission to continue to receive mail at that apartment. Respondent also did not regularly pick up his mail from the location, and he testified that he believed that much of his mail had been discarded.

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Related

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In re M.W.
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Cite This Page — Counsel Stack

Bluebook (online)
116 Ohio St. 3d 262, Counsel Stack Legal Research, https://law.counselstack.com/opinion/disciplinary-counsel-v-redfield-ohio-2007.