Office of Disciplinary Counsel v. Furth

754 N.E.2d 219, 93 Ohio St. 3d 173
CourtOhio Supreme Court
DecidedSeptember 19, 2001
DocketNo. 00-2341
StatusPublished
Cited by15 cases

This text of 754 N.E.2d 219 (Office of Disciplinary Counsel v. Furth) 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
Office of Disciplinary Counsel v. Furth, 754 N.E.2d 219, 93 Ohio St. 3d 173 (Ohio 2001).

Opinion

Moyer, C.J.

On February 1,1999, relator, Office of Disciplinary Counsel, filed a two-count complaint charging respondent, Thomas Craig Furth of Chagrin Falls, Ohio, Attorney Registration No. 0033870, with violating numerous Disciplinary Rules. On September 9, 1999, relator filed an amended, eleven-count complaint alleging additional Disciplinary Rule violations. Respondent answered through counsel and thereafter stipulated to a number of facts and exhibits. The matter was heard by a panel of the Board of Commissioners on Grievances and Discipline of the Supreme Court (“board”).

Counts 1 through 5 concern respondent’s relationship with Scott Johnson. On March 24, 1998, in Jonesboro, Arkansas, Mitchell Johnson, then age thirteen, and Andrew Golden, then age eleven, were involved in a shooting at Westside Middle School that left five people dead and ten others wounded. The father of Mitchell Johnson is Scott Johnson, who lives in Grand Meadow, Minnesota. Mitchell Johnson lives with Mr. Johnson’s ex-wife in Jonesboro, Arkansas.

The shooting quickly became the focus of national and worldwide media attention. Immediately upon learning of his son’s involvement, Mr. Johnson traveled to Jonesboro. He described the media as being in a “feeding frenzy” and that he was repeatedly pressed for interviews.

Count 1 concerns respondent’s alleged improper solicitation and false claims of specialization and expertise. The panel found that respondent’s employee, Leo Tomeu, began calling Mr. Johnson to solicit permission for respondent to be counsel of record for Mitchell Johnson. Mr. Johnson initially indicated that he was not interested in representation, but after Tomeu asked if he could fax some information regarding respondent, Mr. Johnson acquiesced.

On March 27, 1998, respondent sent a letter to the public defenders assigned to represent Mitchell Johnson and Andrew Golden. In the letter, respondent stated that his “entire area of specialty and expertise is the representation of children and young adults in criminal matters,” and that “[y]ou will not find anyone in the United States that is more of an expert in this regard than I am.”

On or about March 28, 1998, respondent faxed a letter to Mr. Johnson, specifically writing, “[M]y entire specialty is representing children and young adults in (often major) criminal matters” (emphasis sic), that “I am the very best at what I do,” and that “[t]his is what I do, almost exclusively, and in numerous locations around the country.” Shortly thereafter, Mr. Johnson agreed to retain respondent to represent Mitchell Johnson.

[175]*175On April 1, 1998, respondent appeared in the Chancery Court of Craighead County, Arkansas, Western District, Juvenile Division, for the purpose of gaining admission pro hac vice to represent Mitchell Johnson in charges relating to the shooting. At the hearing, respondent stated that he specialized in juvenile law, specifically stating to the judge, “[M]y entire specialty is in cases involving children.”

Subsequently, respondent and Mr. Johnson appeared on several national television shows. Respondent testified that Mr. Johnson insisted on making media appearances, while Mr. Johnson testified that it was at respondent’s insistence that Mr. Johnson make the television appearances. As a result of these appearances, on April 15, 1998, the judge held a status conference relating to respondent’s involvement in the case. Asked by the judge how he had become involved, respondent replied, “I sent Mr. Johnson a condolence note and my associate right here, did the same thing. He called us four or five days later, uh, he was on an airplane flying to New York to do a television appearance.” During this hearing, the court removed respondent from any further participation as attorney of record for Mitchell Johnson. At the disciplinary hearing, respondent testified that he had sent Mr. Johnson a condolence letter but that when retaining respondent, Mr. Johnson was responding to the solicitation letter.

Based on these facts, as to Count 1, the panel concluded that respondent had violated DR 2-105(A) (a lawyer shall not hold himself out publicly as a specialist or as limiting his practice), 2-103(A) (a lawyer shall not recommend employment, as a private practitioner, of himself, his partner, or associate to a nonlawyer who has not sought his advice regarding employment of a lawyer, except as provided in DR 2-101), 2-101(F)(l) (a lawyer shall not make any solicitation of legal business in person or by telephone, except as provided in DR 2-103 and 2-104), and 1-102(A)(4) (engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation). The panel dismissed one alleged violation under Count 1 for lack of clear and convincing evidence.

Count 2 concerns respondent’s neglect of legal matters regarding the Johnson case. The panel found that on or about May 29, 1998, respondent faxed a memorandum to Mr. Johnson recommending several specific legal actions. These included preparation and filing of a federal lawsuit on Mitchell’s behalf against Craighead County for alleged violation of his civil rights, preparation and filing of a federal lawsuit on respondent’s behalf to ensure his ability to represent Mr. Johnson, preparation of a lawsuit against Mower County, Minnesota, on Mitchell’s behalf, filing bar grievances with the state of Arkansas against the two public defenders, the judge who removed respondent from the Johnson case, and the prosecutor, announcement of “the rest of’ Mitchell’s legal team, and prepara[176]*176tion of custody documents in the hiring of local Minnesota counsel to modify the custody order for Mr. Johnson’s other son, Monte.

Respondent never pursued any of the legal actions outlined in this memorandum and testified that he had never agreed to represent Mr. Johnson in these matters or file documents pertaining to them. Instead, respondent testified that he coordinated Mitchell Johnson’s cases in various locations.

Based on these facts, the panel concluded that the evidence was not clear and convincing that respondent had agreed to represent Mr. Johnson in the matters outlined in Exhibit 4 and found no neglect. Accordingly, the panel dismissed Count 2.

Count 4 concerns respondent’s advancing of financial assistance to Scott Johnson. The panel found that beginning in April 1998 and continuing during the course of his representation, respondent paid more than $6,000 to Mr. Johnson. Mr. Johnson testified that the $6,000 was not for expenses related to the case or investigation and was to be used in any way he chose. Respondent testified that the money was advanced for living expenses.

Based on these facts, the panel found by clear and convincing evidence that respondent had advanced money to Mr. Johnson in violation of DR 5-103(B) (a lawyer shall not advance or guarantee financial assistance to his client). The panel dismissed the remaining alleged violation under Count 4.

Count 5 concerns respondent’s failure to return files to Scott Johnson. Mr. Johnson testified that during the course of respondent’s representation, he had forwarded documents to respondent that Mr. Johnson had obtained from Mitchell’s attorney in the Minnesota juvenile case. On October 19, 1998, Mr. Johnson sent respondent a letter complaining of respondent’s neglect of the case, respondent’s attempts to sell publication rights, and respondent’s desire to appear in the media. In his letter of October 23, 1998, terminating respondent, Mr.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Disciplinary Counsel v. Gorby
2015 Ohio 476 (Ohio Supreme Court, 2015)
Cleveland Metropolitan Bar Ass'n v. Fonda
2014 Ohio 850 (Ohio Supreme Court, 2014)
Cleveland Metropolitan Bar Ass'n v. Gruttadaurio
2013 Ohio 3662 (Ohio Supreme Court, 2013)
Disciplinary Counsel v. Peterson
2012 Ohio 5719 (Ohio Supreme Court, 2012)
Cleveland Metropolitan Bar Ass'n v. Davie
2012 Ohio 4328 (Ohio Supreme Court, 2012)
Disciplinary Counsel v. Bunstine
2009 Ohio 5286 (Ohio Supreme Court, 2009)
Disciplinary Counsel v. Yeager
2009 Ohio 4761 (Ohio Supreme Court, 2009)
Disciplinary Counsel v. Kelly
901 N.E.2d 798 (Ohio Supreme Court, 2009)
John V. Heutsche Co. L.P.A. v. McNea
905 N.E.2d 1303 (City of Cleveland Municipal Court, 2008)
Cincinnati Bar Ass'n v. Powers
895 N.E.2d 172 (Ohio Supreme Court, 2008)
In Re Prb Docket No. 2002.093
2005 VT 2 (Supreme Court of Vermont, 2005)
Cuyahoga County Bar Ass'n v. Hardiman
100 Ohio St. 3d 260 (Ohio Supreme Court, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
754 N.E.2d 219, 93 Ohio St. 3d 173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/office-of-disciplinary-counsel-v-furth-ohio-2001.