Muskingum County Certified Grievance Committee v. Greenberger

108 Ohio St. 3d 258
CourtOhio Supreme Court
DecidedMarch 8, 2006
DocketNo. 2005-1154
StatusPublished
Cited by3 cases

This text of 108 Ohio St. 3d 258 (Muskingum County Certified Grievance Committee v. Greenberger) 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
Muskingum County Certified Grievance Committee v. Greenberger, 108 Ohio St. 3d 258 (Ohio 2006).

Opinion

Per Curiam.

{¶ 1} Respondent, Bruce L. Greenberger of Mason, Ohio, Attorney Registration No. 0023820, was admitted to the practice of law in Ohio in 1974.

[259]*259{¶ 2} On April 20, 2004, relator, the Certified Grievance Committee of the Muskingum County Bar Association, charged respondent in a six-count amended complaint with violations of the Code of Professional Responsibility. A panel of the Board of Commissioners on Grievances and Discipline heard the cause, including the parties’ stipulations to the charged misconduct, and made findings of fact, conclusions of law, and a recommendation. The board adopted the panel’s findings of misconduct but modified the recommended sanction.

Misconduct

Count I — Evans

{¶ 3} In August 2002, Louis F. Evans Jr. asked respondent to help him gain custody of his daughter. At that time, Evans was under an Ohio court order to return his daughter to his ex-wife in Florida before the beginning of the school year. Evans, however, was concerned that returning his daughter would place her in an unhealthful environment.

{¶ 4} Respondent advised Evans to keep the girl with him and tried to arrange for her enrollment in Zanesville High School. When her daughter did not return to Florida, however, Evans’s ex-wife filed contempt proceedings against him in Ohio. Respondent in turn filed a motion to modify the prior custody order and to designate Evans as the residential parent. The cause was scheduled for hearing on December 17, 2002.

{¶ 5} Respondent did not appear at the December 17 hearing; he instead sent an attorney whom he had recently hired to appear on Evans’s behalf. Respondent’s client had not expected another attorney to represent him, and he did not think that the other attorney was adequately prepared. On December 31, 2002, Evans was found in contempt and sentenced to 30 days in the Muskingum County jail. His sentence was suspended on the conditions that he restore his daughter to her mother’s custody and reimburse his ex-wife $1,354 for expenses.

{¶ 6} The parties stipulated and the board found that in representing Evans, respondent had violated DR 1-102(A)(5) (prohibiting a lawyer from engaging in conduct that is prejudicial to the administration of justice), 7-101(A)(2) (prohibiting a lawyer from intentionally failing to carry out a contract of professional employment), and 7-106(A) (prohibiting a lawyer from advising a client to disregard the ruling of a tribunal).

Count II — Steed

{¶ 7} In August 2002, Jack Steed hired respondent to help him modify his court-ordered child-support payments. He paid respondent $400. Steed asked respondent repeatedly about his progress, and respondent assured Steed that he was taking the necessary action on his behalf.

[260]*260{¶ 8} During relator’s investigation, respondent told an investigator that an entry resolving Steed’s case had been filed on May 7, 2003. In fact, although respondent had submitted the entry, the court had returned it because the case had been closed and a $10 filing fee was required to reopen it. Respondent eventually obtained the child-support modification that his client sought; however, he did not complete the case until August 11, 2003, one year after he was hired.

{¶ 9} The parties stipulated and the board found that in representing Steed, respondent had violated DR 1 — 102(A)(5) and 6-101(A)(3) (prohibiting a lawyer from neglecting an entrusted legal matter).

Count III — Higgins

{¶ 10} On January 18, 2002, Anna Higgins asked respondent to help probate a will in which she had been named a beneficiary. She was not a statutory heir. In April 2002, after respondent had filed the probate proceeding, several heirs filed a will contest. The court granted summary judgment against respondent’s client because he had failed to file a required affidavit with his response to the summary judgment motion.

{¶ 11} Respondent advised Higgins of the ruling and of his intention to file a motion to set the court’s order aside. On June 4, 2003, however, Higgins discharged respondent. Higgins retained a new lawyer, who was able to obtain a reversal of the summary judgment and prevail in the will contest. Higgins paid the successor attorney $2,487 for his services.

{¶ 12} While respondent was Higgins’s attorney in 2002, Higgins paid him a total of $5,750, although respondent was later unable to produce a written fee agreement. Respondent originally advised relator on March 1, 2004, that he had placed the money in his trust account; however, he later stipulated that he had actually deposited a $5,000 payment into his office operating account. Respondent had also not accounted to Higgins by that date for his services.

{¶ 13} The parties stipulated and the board found that in representing Higgins, respondent had violated DR 9-102(B)(3) (requiring a lawyer to appropriately account to a client for fees), 9-102(B)(4) (requiring a lawyer to promptly return funds to which a client is entitled), and 9-102(A) (requiring a lawyer to keep clients’ funds in a separate identifiable account).

Count TV — Dubosh

{¶ 14} On November 4, 2002, Jennifer Dubosh asked respondent to file for bankruptcy on behalf of her and her husband. Dubosh paid respondent a total of $600 in two installments — $200 on November 4, 2002, and $400 on January 29, 2003. On January 29, 2003, a legal assistant to respondent told Dubosh that [261]*261respondent was relocating and that the name of the practice was changing to the Fox Law Office. On March 24, 2003, the legal assistant advised Dubosh that the Fox Law Office would be representing her instead of respondent.

{¶ 15} One month or so later, Dubosh contacted the Fox Law Office and learned that the legal assistant was no longer employed there. Dubosh was also told that she would have to contact respondent for representation. Dubosh did, and respondent advised her that he had just received the file in her case, that he would review it, and that he would consult with her in about a month. In August 2003, having heard nothing from respondent, Dubosh contacted him again. Respondent told her that the bankruptcy filings would be prepared within two weeks. On September 15 and again on October 20, 2003, respondent told Dubosh the same thing.

{¶ 16} On November 23, 2003, Dubosh reported additional debts to respondent and asked him to return her file and fees if he was not going to represent her. On January 9, 2004, after Dubosh filed her grievance with relator, respondent told her that the bankruptcy papers were ready to be signed and were “in the mail.” When the papers did not arrive, Dubosh contacted respondent on January 26, 2004, and he told her that he would send the papers to the Fox Law Office to be signed on January 28, 2004. On January 29, 2004, respondent told Dubosh that he would fax the papers for signature on the next day. Finally, on February 2, 2004, after yet another prompt from Dubosh, respondent got the papers to the Fox Law Office. The papers were incomplete.

{¶ 17} On February 3, 2004, Dubosh dismissed respondent, asking him to return her paperwork and fees. Three days later, Dubosh received some papers and a refund check from respondent. The check bounced. Respondent later repaid Dubosh with a money order.

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Related

Disciplinary Counsel v. Friedman
866 N.E.2d 1076 (Ohio Supreme Court, 2007)
Cincinnati Bar Ass'n v. Greenberger
113 Ohio St. 3d 162 (Ohio Supreme Court, 2007)
Cuyahoga County Bar Ass'n v. Griffin
112 Ohio St. 3d 550 (Ohio Supreme Court, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
108 Ohio St. 3d 258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/muskingum-county-certified-grievance-committee-v-greenberger-ohio-2006.