In re Cvammen

102 Ohio St. 3d 13
CourtOhio Supreme Court
DecidedApril 14, 2004
DocketNo. 2003-1366
StatusPublished
Cited by10 cases

This text of 102 Ohio St. 3d 13 (In re Cvammen) 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
In re Cvammen, 102 Ohio St. 3d 13 (Ohio 2004).

Opinions

Per Curiam.

{¶ 1} Applicant, Bradford Scott Cvammen of Akron, Ohio, filed an application on August 15, 2002, to register as a candidate for admission to the practice of law in Ohio. On December 17, 2002, members of the Akron Bar Association Admissions Committee interviewed applicant as part of the review process to determine whether he possessed the requisite character, fitness, and moral qualifications for admission to the Ohio bar. Gov.Bar R. I(11)(C) and (D). The interviewers recommended that applicant’s candidacy be disapproved temporarily because he had not fully and truthfully answered questions about the circumstances surrounding his forced resignation from employment with a real estate company. In reporting to the Board of Commissioners on Character and Fitness, the admissions committee also recommended that respondent’s candidacy be disapproved.

{¶ 2} Respondent appealed from the committee’s recommendation pursuant to Gov.Bar R. I(12)(B). A panel appointed by the board heard the appeal on May 6, 2003.1 Evidence presented established, for the purpose of this proceeding, the following facts.

{¶ 3} Appellant graduated in the spring of 2003 from the University of Akron School of Law and applied to take the July 2003 bar examination. During law [14]*14school, he worked full-time for a commercial real estate company that leased property to tenants in shopping centers and warehouse distribution districts. Applicant began working for his employer in 1994 as a property manager, advancing quickly over the years to eventually become the director of the company’s retail properties.

{¶ 4} As the director of retail properties, applicant showed space for lease to prospective tenants, managed building operations and construction projects, negotiated lease agreements, evaluated improvements, and developed rental space plans. He enjoyed considerable autonomy in his position but also reported almost daily to his supervisor, the president of the company.

{¶ 5} In the course of this employment, applicant leased contiguous space in a shopping center to two retail tenants: one an Arabica Coffeehouse franchisee, the other a Heavenly Ham franchisee. The owner of the Arabica Coffeehouse eventually decided to sell his business and thus wanted to get out of his lease. Because applicant’s employer encouraged him to work with tenants in this situation,2 he contacted the owner of the Heavenly Ham store in or around June 2000 and inquired whether the owner would be interested in taking an assignment of the lease of the coffeehouse space. The two tenants consented to this arrangement and negotiated an assignment. Afterward, the Arabica Coffeehouse tenant paid respondent $5,000 for his assistance. Respondent kept this money and did not disclose the payment to his employer. He also did not report the $5,000 payment as income on his 2000 tax return in April 2001.

{¶ 6} Over the next year, the Heavenly Ham store tenant defaulted on his original lease and the assigned lease. In July 2001, the real estate company brought an eviction action and also sued both tenants for unpaid rent. With the lawsuit looming, the Arabica Coffeehouse tenant contacted applicant and, after they discussed the situation, applicant became concerned that the $5,000 payment would be exposed during the litigation. Applicant subsequently disclosed the $5,000 payment to his employer, and his employer, after discussions among the board of directors and officers, asked for his resignation. In November 2001, applicant tendered his resignation.

{¶ 7} In completing his bar application the next year, applicant was asked to provide the “full particulars as to the reasons” for which he was asked to resign from his job. Applicant related that he had been asked to resign by the real estate company after he had “earned a sum of money for finding a buyer” for one of the company’s tenants. He gave the impression that no company policy [15]*15prevented this, practice and that it was not “uncustomary in the industry.” He also described the reason for his resignation as the “political” decision of a major shareholder and board member who, according to applicant, had forced him out while telling the remaining board members that he had quit to pursue his education full-time.

{¶ 8} When applicant appeared for his character interview in December 2002, his interviewers confronted him about the resignation. Applicant revealed the additional facts that the tenant had paid him $5,000, that he had accepted this money without telling his employer, and that he had not reported the payment as taxable income. According to one interviewer, applicant’s excuse for not reporting the income was that “the tenant hadn’t given him a 1099 [reporting form], so the IRS would never know.”

{¶ 9} During the panel hearing, applicant presented three character references and his own testimony. Judge Brenda Unruh of the Summit County Court of Common Pleas, who had known applicant socially for approximately one and one-half years prior to the hearing, assured the panel of his integrity. She also described a telephone conversation they had had after he received notice of the committee’s disapproval. Judge Unruh attested that while applicant had initially insisted that his forced resignation was political, or personal in nature, he began to realize the impropriety of his conduct after they discussed further the conflict of interest and deceit in which he had engaged. The judge added that in interactions after this discussion, applicant consistently acted in a manner demonstrating his contrition, his having accepted responsibility for his mistakes, and his commitment never to repeat those improprieties.

{¶ 10} Applicant’s other references were the real estate company’s president and vice-president. The president, a mentor of applicant’s who had opposed his forced resignation, also assured the panel of applicant’s high moral and ethical character. The president testified that although applicant accepted the $5,000 payment, concealed it, and did not report it as income, the president was convinced that applicant had since appreciated the wrongfulness of his conduct and had learned a valuable lesson from these mistakes. The vice-president, it was agreed, would have testified that he, too, was aware of the events surrounding applicant’s resignation, including his failure to report income. Notwithstanding this, the vice-president still recommended applicant’s character and moral fiber, believing that the incident had been an “eye-opening” experience for him.

{¶ 11} For his part, applicant testified on direct examination to the facts of the $5,000 secret side deal and his subsequent failure to report this income. He emotionally conceded his wrongdoing, apologized, and promised never to repeat his transgressions. Applicant also proved that after he had received notice of his [16]*16disapproval, he amended his tax returns to declare the $5,000 payment and paid the applicable taxes and penalties.

{¶ 12} After the panel considered all of the foregoing evidence, it remained troubled, as had been the admissions committee, about applicant’s ability to tell the truth. The panel concluded that applicant’s bar application responses, interview answers, and testimony did not comport with other witnesses’ testimony at the hearing, adding that he often contradicted himself. In describing its assessment of applicant’s credibility, the panel observed:

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Bluebook (online)
102 Ohio St. 3d 13, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-cvammen-ohio-2004.