In re Mitchell

891 N.E.2d 732, 119 Ohio St. 3d 38
Ohio Supreme Court·Decided July 3, 2008·No. No. 2008-0521·Published

Opinion

Per Curiam.

{¶ 1} The applicant, Geoffrey Christopher Mitchell, M.D., of Columbus, Ohio, is a candidate for admission to the Ohio bar and has applied to take the Ohio bar examination. The Board of Commissioners on Character and Fitness recommends that we disapprove, for now, his application to take the bar exam, based on findings that he lodged questionable accusations and legal claims after suing for his discharge from practice in a hospital emergency room. We accept the board’s recommendation to disapprove but also allow the applicant to apply to take the February 2009 bar examination, providing he first completes a legal ethics and professionalism course at a law school accredited by the American Bar Association (“ABA”).

[39]*39{¶ 2} The applicant is a physician who entered Capital University Law School in 2003 after a long career in medicine. The applicant registered as a candidate for admission to the Ohio bar, and in 2005, the Columbus Bar Association’s admissions committee provisionally approved his character, fitness, and moral qualifications in accordance with Gov.Bar R. I(11)(D)(3) and (4). Upon graduation, the applicant applied to take the bar exam that was to be administered in July 2007.

{¶ 3} Before the applicant could qualify to sit for the exam, he had to obtain the admissions committee’s final approval pursuant to Gov.Bar R. I(3)(C), including a favorable review of his supplemental character questionnaire and related materials. During this process, a lawyer complained to the committee, alleging that the applicant had lodged false claims against him, his associates, and his clients — a physicians’ group under contract to provide hospital emergency-room services, and others — after the clients successfully defended against his tort claims. Following an investigation of these allegations, the admissions committee expressed misgivings about the applicant’s judgment by recommending disapproval of his bar application.

{¶ 4} The applicant appealed the admission committee’s recommendation, and a three-member panel of the board heard the case in January 2008. See Gov.Bar R. I(12)(C). Finding that the applicant had “embarked on a course of unprofessional and illogical conduct” following the loss of his tort claims by pursuing “repeated, unwarranted attacks” against opposing counsel and others, the panel concluded that the applicant at that time lacked the qualifications to practice law in this state. Because the applicant had “begun to understand that he cannot make serious allegations of misconduct against opposing counsel and parties without evidence to support the allegations,” however, the panel recommended that the applicant be permitted to apply for the bar February 2009 bar exam with further ethics instruction. The board adopted the panel’s findings and recommendation.

{¶ 5} Since the board filed its report, the parties have waived any objections and jointly asked that we adopt the board’s findings of fact, conclusions of law, and recommendation.

I. Basis for the Panel and Board Decisions

A. The Underlying Dispute

{¶ 6} The applicant formerly practiced as an attending physician at Riverside Hospital in Columbus, most recently in affiliation with Mid-Ohio Emergency Services, L.L.C. (“MOES”), and before that in affiliation with Olentangy Emergency Physicians. MOES is the physicians’ group that became responsible in September 1998 for the hospital’s emergency-room services under the oversight [40]*40of MedPartners, a large physician-management company. MOES took over at Riverside after Riverside and Grant Medical Center merged and became part of OhioHealth.

{¶ 7} The applicant opposed OhioHealth’s decision to have MedPartners oversee emergency-room services at Riverside. During negotiations between Ohio-Health and MedPartners, the applicant circulated a memo suggesting that the partnership would not be in the best interest of the emergency-room physicians. OhioHealth and MedPartners ultimately finalized a deal, however, and the applicant continued to work in the emergency room, albeit then as a MOES employee. The relationship did not last long.

{¶ 8} On November 20, 1998, MOES dismissed the applicant for allegedly having disclosed confidential patient information in violation of the hospital’s quality-control policies. The applicant viewed his discharge as unjust and as the result of a complaint he had lodged about the poor care that he perceived one emergency-room patient had received. In 1999, the applicant sued MOES, Grant/Riverside, and others for his termination, arguing in the main that defendants had violated public policy by terminating his employment for raising legitimate concerns about patient care.

B. The MOES Litigation

{¶ 9} In the preliminary stages of the applicant’s suit, the Franklin County Court of Common Pleas granted summary judgment in the defendants’ favor. In 2004, the Tenth District Court of Appeals affirmed. After the loss on appeal, the applicant’s counsel withdrew from the case.

{¶ 10} By the time of the court of appeals’ decision, the applicant was in his second year of law school. With the departure of his lawyer, the applicant decided to proceed pro se in the MOES litigation. He moved this court to grant discretionary review of his appeal, which we denied. He then filed a motion under Civ.R. 60(B) asking the trial court to vacate the order granting summary judgment. The motion was overruled. The applicant then began filing motions and discovery requests anew, evidently in response to defendants’ motions for sanctions, including asking for leave to file another motion to vacate. The motions for sanctions and to vacate remained pending as of the panel hearing.

C. The Cause for the Panel and Board Concerns

{¶ 11} The applicant engaged in the conduct that implicated his fitness to practice law while representing himself. He lodged questionable if not baseless claims of impropriety against opposing counsel in the MOES litigation. He also attempted to show a conspiracy by making an untenable connection between his [41]*41claims against MOES and the wrongdoing of a former MedPartners chairman who had been indicted on federal charges of bribery.

{¶ 12} In adopting the panel’s report, the board described the applicant's lapses in judgment relative to opposing counsel:

{¶ 13} “On repeated occasions in court filings and in correspondence, the Applicant accused opposing counsel of engaging in fraud and other unethical conduct. The Applicant is of the belief that certain information was not disclosed in response to interrogatories and deposition questions his counsel propounded during the MOES Litigation. After reviewing the matters, the Panel cannot conclude that information was intentionally concealed or withheld from the Applicant and his counsel. At best, the defendants and their counsel did not provide certain information to vague and ambiguous questions that the Applicant believes should have been provided. What is more troubling is the manner in which the Applicant chose to address his concerns. When the Applicant became aware of certain information that he believed should have been provided in response to interrogatories and deposition questions, he could have simply contacted opposing counsel to resolve the issue.

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In re Mitchell, 891 N.E.2d 732, 119 Ohio St. 3d 38 (Ohio 2008).

891 N.E.2d 732 (In re Mitchell) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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