Office of Disciplinary Counsel v. Pollock

100 Ohio St. 3d 280
CourtOhio Supreme Court
DecidedNovember 12, 2003
DocketNo. 2003-0398
StatusPublished
Cited by2 cases

This text of 100 Ohio St. 3d 280 (Office of Disciplinary Counsel v. Pollock) 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. Pollock, 100 Ohio St. 3d 280 (Ohio 2003).

Opinion

Per Curiam.

{¶ 1} Respondent, Harold Pollock of Cleveland, Ohio, Attorney Registration No. 0009271, was admitted to the practice of law in 1976. In a complaint filed April 8, 2002, relator, Office of Disciplinary Counsel, charged respondent with professional misconduct committed while respondent pursued at least 20 lawsuits on behalf of several clients embroiled in disputes stemming mainly from their plans to develop property. A panel of the Board of Commissioners on Grievances and Discipline of the Supreme Court (“board”) heard the cause and made findings of fact, conclusions of law, and a recommendation. The panel’s findings of fact as to the underlying misconduct are based principally on the parties’ stipulations.

{¶ 2} In December 1993, respondent agreed to represent Dr. John Master, an elderly, retired physician, and John H. Nix, who had befriended Master through his acquaintance with Master’s housekeeper. Master, who lived in an established Cleveland neighborhood, had no children and had lost his wife, Dr. Anne Master, in 1991.1 By the end of 1993, Nix had moved into Master’s home and had formed a partnership between them and the housekeeper, to which Master had conveyed all of his real property, which included eight parcels adjacent to Master’s home that the partnership planned to develop.

{¶ 3} Respondent had previously performed legal work for Nix, and Nix sought respondent’s services again after Patrick J. O’Malley, who served on Cleveland City Council representing the ward in which the partnership property was [281]*281located, declined Nix’s request for support of a tax-abatement plan to aid the development. Nix also knew that some neighboring residents opposed the project.

{¶ 4} Apparently some of these residents had also consulted O’Malley to voice their concerns about the development, including the possibility that Master was incompetent and being exploited by Nix. Respondent claims that O’Malley asked the Cleveland police to investigate Master’s household, a course of action police abandoned after Master appeared to be in sound mental health. A probate court investigator also found no reason to pursue proceedings for Master’s protection.

{¶ 5} On or about December 12, 1993, various residents met in the home of Jack and Carole Sword, who lived across the street from the Master residence. O’Malley also attended the residents’ meeting, to which neither Master nor Nix was invited. Events before and during this meeting would later be the subject of considerable controversy and, under respondent’s direction, much litigation.

{¶ 6} Also in late 1993, Nix apparently asked the FBI to investigate the disappearance of bearer bonds that had belonged to Master’s wife. The bearer bonds had disappeared while attorney Paul P. Chalko, who would later oversee the administration of the wife’s estate, represented the couple. Respondent’s efforts to. recover the missing bearer bonds also generated much litigation.

{¶ 7} In January 1994, respondent filed a lawsuit against the Swords on behalf of Master and Nix, asserting claims for defamation, invasion of privacy, and intentional infliction of emotional distress. The complaint included the allegations that (1) the Swords had informed O’Malley that Nix was attempting to defraud Master of his assets and (2) at the December 12, 1993 meeting, the Swords had told attendees that Master was incompetent and that Nix was defrauding him. Respondent deposed 13 people, including the Swords and other residents of the neighborhood, during discovery. All failed to confirm the allegations of defamation, and the trial court granted summary judgment for the Swords. The court of appeals affirmed the trial court, notwithstanding respondent’s contention that issues of credibility requiring a trial remained. See Master v. Sword (Nov. 9, 1995), Cuyahoga App. No. 68297, 1995 WL 662108.

{¶ 8} In early January 1994, Dr. Anne Master’s grandniece, Cleveland police officer Sue Sazima, contacted Chalko and asked him to apply in probate court for her appointment as Master’s guardian. Represented by another attorney, Master filed an application to have Nix appointed as his conservator. Sazima ultimately withdrew her request for guardianship, and the court appointed Nix as conservator.

{¶ 9} Then, in February and March 1994, one or more individuals intercepted and taped telephone conversations made from or received by the Master/Nix residence. The interceptor(s) acted without a warrant and without the consent of [282]*282the parties to the conversations. In late March 1994, Nix obtained four cassette tapes containing recordings of these conversations. The interceptions resulted in a series of lawsuits.

{¶ 10} In April 1994, respondent filed a lawsuit in federal district court on behalf of Master, Nix, and others whose communications were intercepted (“the first wiretapping case”). The complaint alleged that the Swords, O’Malley, and Sazima, among others, engaged in illegal wiretapping, conspiracy to invade privacy, conspiracy to conceal wiretapping, and intentional infliction of emotional distress in an effort to block the partnership’s development plan.

{¶ 11} In June 1994, respondent filed a lawsuit for Master and Nix against Chalko, claiming that he had committed malpractice by negligently failing to pursue the recovery of the bearer bonds (“the first malpractice suit”). Respondent later amended the complaint to also name Sazima, alleging that she (1) had conspired with Chalko to have herself appointed Master’s guardian in an effort to gain control over his assets and (2) had tortiously interfered with the attorney-client relationship between Master and his former attorney. The court denied Sazima’s motion to dismiss but also dismissed the claim concerning recovery of the bearer bonds, finding the claim improper in a malpractice action. At trial,2 Sazima invoked her Fifth Amendment privilege against self-incrimination during cross-examination, and the court directed the jury’s verdict in her favor. The jury returned a verdict against Chalko for $300 in compensatory and $30,000 in punitive damages.

{¶ 12} Respondent did not appeal the directed verdict against Sazima, and years later, the verdict against Chalko was reversed. See Master v. Chalko (June 5, 1997), Cuyahoga App. No. 70527, 1997 WL 298260. Sazima, however, filed a motion under R.C. 2323.51 for attorney fees as sanctions for frivolous conduct. Respondent opposed the motion, but further proceedings were apparently stayed pending Chalko’s appeal.

{¶ 13} In November 1994, after filing lawsuits in state and federal courts against the Swords, O’Malley, and Sazima, respondent filed on behalf of Nix and Master a complaint for declaratory judgment against these individuals and their insurance carriers: Nationwide Mutual Insurance Company, Allstate Insurance Company, and State Farm Insurance Company. Respondent asked the trial court to declare that the defendants’ insurance companies had no duty to defend these insureds under their homeowner’s policies and cited precedent from which he argued that his clients had standing, even as third parties, to pursue the [283]*283declaratory judgment. The trial court held, and the court of appeals affirmed, that respondent’s clients lacked such standing, that there could be no discovery of the insurance companies’ files prior to a ruling on a motion to dismiss, and that an insurance company must provide a defense if the claims are potentially or arguably -within the policy coverage. See

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Related

Cleveland Bar Ass'n v. Mitchell
118 Ohio St. 3d 98 (Ohio Supreme Court, 2008)
Disciplinary Counsel v. Pollock
810 N.E.2d 962 (Ohio Supreme Court, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
100 Ohio St. 3d 280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/office-of-disciplinary-counsel-v-pollock-ohio-2003.