Lake County Bar Ass'n v. Ryan

2009 Ohio 4232, 915 N.E.2d 304, 123 Ohio St. 3d 178
CourtOhio Supreme Court
DecidedAugust 27, 2009
Docket2009-0393
StatusPublished
Cited by1 cases

This text of 2009 Ohio 4232 (Lake County Bar Ass'n v. Ryan) 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
Lake County Bar Ass'n v. Ryan, 2009 Ohio 4232, 915 N.E.2d 304, 123 Ohio St. 3d 178 (Ohio 2009).

Opinions

Per Curiam.

{¶ 1} Respondent, Patrick T. Ryan of Mentor, Ohio, Attorney Registration No. 0022478, was admitted to the practice of law in Ohio in 1978. His license to practice has been suspended since May 31, 2006, when we suspended his license for two years, staying the second year on conditions, for ethical lapses including his neglect of entrusted legal matters and failure to keep his clients informed regarding pending legal matters. Lake Cty. Bar Assn. v. Ryan, 109 Ohio St.3d 301, 2006-Ohio-2422, 847 N.E.2d 430. Respondent did not fulfill the conditions for staying the second year of the suspension and has not applied for reinstatement. Respondent also remains barred from practicing law due to his December 3, 2007 suspension for failing to comply with attorney-registration requirements. In re Attorney Registration Suspension of Ryan, 116 Ohio St.3d 1420, 2007-Ohio-6463, 877 N.E.2d 305.

{¶ 2} The Board of Commissioners on Grievances and Discipline now recommends that we order another two-year suspension of respondent’s license, and stay the last six months of that suspension on the condition that he pay restitution to another aggrieved client. The recommendation is based on the board’s findings that respondent failed, before his 2006 suspension, to diligently pursue that client’s personal-injury claim and also failed to advise her as required that he did not carry professional-malpractice insurance. We accept the board’s findings that respondent engaged in this professional misconduct and its recommendation for a two-year partially stayed suspension.

{¶ 3} Relator, Lake County Bar Association, charged respondent with a single count of misconduct, alleging numerous violations of the Disciplinary Rules of the former Code of Professional Responsibility. A panel of the board heard the case, made findings of fact and conclusions of law, and recommended the two-year [179]*179suspension with six months stayed. The board adopted the panel’s findings of misconduct and recommendation.

{¶ 4} The parties have not objected to the board’s report

Misconduct

{¶ 5} Respondent filed suit in March 2000 on behalf of a family friend after she had suffered injuries in a March 1998 automobile accident. He voluntarily dismissed the action in August 2001 to allow time for the client to complete her medical treatment. Respondent represented his client in accordance with ethical standards prior to this dismissal.

{¶ 6} Respondent’s problems developed after he refiled the personal-injury action in September 2002. Respondent advised his client that he needed expert medical reports to respond to discovery demands from the defense, but he did not obtain the reports in time to comply with the discovery deadlines. The defense moved to compel discovery and for sanctions, and in early November 2004, the court ordered respondent to provide the outstanding discovery within five days. Respondent did not comply and decided not to appear at the final pretrial hearing because he still lacked the expert medical reports.

{¶ 7} The court dismissed the personal-injury action in early December 2004. After the dismissal, the client provided respondent with the medical reports, and respondent filed a motion for reconsideration and to reinstate in an attempt to save the claim. The court denied his motion in January 2005.

{¶ 8} Respondent continued to meet with his client throughout 2005 and 2006 and, according to him, discussed alternative recovery strategies, including filing a claim alleging bad faith against the defendant’s insurance carrier. His client, however, testified that she did not realize that her case had been dismissed until late May or early June 2006. At that time, respondent advised her that his law license had been suspended and urged her to consult another attorney. When she did so, she learned of the dismissal when that attorney checked the court’s docket.

{¶ 9} Respondent badly mismanaged his client’s case. He also never advised his client that he carried no malpractice insurance. The parties thus stipulated that respondent violated DR 1-104(A) (requiring a lawyer to disclose that the lawyer lacks professional-liability insurance), 1-102(A)(5) (prohibiting a lawyer from engaging in conduct that is prejudicial to the administration of justice), 1-102(A)(6) (prohibiting a lawyer from engaging in conduct that adversely reflects upon the lawyer’s fitness to practice law), 6-101(A)(2) (prohibiting a lawyer from representing a client without preparation adequate in the circumstances), 6-101(A)(3) (prohibiting a lawyer from neglecting an entrusted legal matter), 7-101(A)(1) (prohibiting a lawyer from intentionally failing to seek the lawful [180]*180objectives of a client), 7-101(A)(2) (prohibiting a lawyer from intentionally failing to carry out a contract of professional employment), and 7-101(A)(3) (prohibiting a lawyer from intentionally causing a client prejudice or damage during a professional relationship). The board found this misconduct, and so do we.

Sanction

{¶ 10} In recommending a sanction for this misconduct, the board weighed the aggravating and mitigating factors of respondent’s case. Weighing against respondent is his significant prior record of discipline and the fact that his prior misconduct and this case represent a continuing pattern of failing to communicate with clients and neglecting entrusted legal matters. Also weighing against respondent is the harm he caused his client — she lost the opportunity to recover damages for her injuries and medical expenses, an amount estimated by a successor attorney to be between $75,000 and $150,000.

{¶ 11} In mitigation, the board found that respondent did not act out of dishonesty or selfish motives. The board further found that respondent had attempted to rectify the consequences of his misconduct by offering his client $25,000 — the amount that the defense had offered to settle her personal-injury case — in settlement of her malpractice claim against him. Respondent also cooperated completely in the disciplinary proceedings.

{¶ 12} The board then considered the sanctions that had been imposed in similar cases:

{¶ 13} “[W]e direct our attention to Cleveland Bar Assn. v. Norton, 116 Ohio St.3d 226, 2007-Ohio-6038, [877 N.E.2d 964], In that case, the Respondent, Eric E. Norton, neglected two (2) client cases, failed to advise the clients that he lacked malpractice insurance and failed to cooperate in efforts to investigate his alleged misconduct. [Norton] was suspended from the practice of law for six (6) months, with the entire period stayed on conditions.

{¶ 14} “In Toledo Bar Assn. v. Hales, 120 Ohio St.3d 340, 2008-Ohio-[6201], [899 N.E.2d 130], [Hales] mishandled and lost a medical malpractice/nursing home negligence case, failed to notify his insurance carrier of the client’s subsequent legal malpractice ease against him, which led to a denial of coverage, and declared Bankruptcy thus preventing the client from collecting on a legal malpractice judgment.

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Related

Lake County Bar Ass'n v. Ryan
2009 Ohio 4232 (Ohio Supreme Court, 2009)

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Bluebook (online)
2009 Ohio 4232, 915 N.E.2d 304, 123 Ohio St. 3d 178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lake-county-bar-assn-v-ryan-ohio-2009.