Richland County Bar Ass'n v. Brickley

779 N.E.2d 750, 97 Ohio St. 3d 285
CourtOhio Supreme Court
DecidedDecember 4, 2002
DocketNo. 2002-1087
StatusPublished
Cited by8 cases

This text of 779 N.E.2d 750 (Richland County Bar Ass'n v. Brickley) 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
Richland County Bar Ass'n v. Brickley, 779 N.E.2d 750, 97 Ohio St. 3d 285 (Ohio 2002).

Opinion

Per Curiam.

{¶ 1} We are asked in this case to determine the sanction for an attorney who neglected or otherwise mishandled the cases of 15 different clients and who failed to respond to requests for information during the investigation of this misconduct. The Board of Commissioners on Grievances and Discipline found that respondent, Barry F. Brickley of Mansfield, Ohio, Attorney Registration No. 0011435, committed these acts and thereby violated several Disciplinary Rules and Gov.Bar R. V. The board recommended that respondent be indefinitely suspended from the practice .of law with specific conditions to be met before reinstatement will be considered. We agree that respondent’s misconduct and the mitigating circumstances surrounding it, particularly his depression and alcoholism, justify an indefinite suspension.

{¶ 2} In an amended complaint filed on March 15, 2002, relators, Disciplinary Counsel and the Richland County Bar Association, charged respondent with numerous violations of the Code of Professional Responsibility and Gov.Bar R. V(4)(G).1 Relators and respondent subsequently entered into stipulations concerning the alleged misconduct and mitigating circumstances underlying the complaint. A panel of the board heard the cause and made the following findings.

[286]*286I. Misconduct

A

{¶ 3} In 1999, respondent violated DR 6 — 101(A)(3) (neglecting an entrusted legal matter) and 7-101(A)(2) (failing to carry out a contract for professional services) by accepting $750 from a client to prepare and file documents for the appointment of a guardian for the client’s sister. Respondent prepared the documents and his client signed them, but respondent never filed them.

B

{¶ 4} Respondent violated DR 6-101(A)(3) by failing to file a Qualified Domestic Relations Order for a client after her divorce was finalized in December 1999. The client stood to receive one-half of the value of her ex-husband’s 401(k) fund from the divorce decree. The client repeatedly asked respondent to complete the work and he promised that he would, but he never did.

C

{¶ 5} In 1999, respondent violated DR 6-101(A)(3), 7-101(A)(l) (failing to seek client’s lawful objectives), and 7-101(A)(2). He failed to respond to a motion for summary judgment while defending a client in a civil suit, and then he did not file a motion for relief from the resulting $25,965.70 judgment against his client as he had promised. And in a separate civil case against the same client, respondent failed to answer the complaint, and a default judgment was entered against the client.

D

{¶ 6} Respondent also violated Gov.Bar R. V(4)(G) by failing to cooperate in the Disciplinary Counsel’s investigation of grievances concerning the three clients mentioned in subsections A, B, and C, as well as two other clients. From December 1999 through April 2001, respondent failed to answer numerous certified letters of inquiry in these matters for which he or his agent had signed the return receipt.

[287]*287E

{¶ 7} In 1996, respondent violated DR 2-106 (charging an illegal or clearly excessive fee), 6-101(A)(3), 7-101(A)(2), and 9-102(B)(4) (failing to promptly return client’s funds) after accepting $520 from a client to establish a guardianship for the client’s aunt. Respondent never filed the guardianship papers and failed to return the client’s telephone calls about the matter. At one point, respondent promised a bar association investigator that he would remedy the situation, but he failed to return the money paid to him as a retainer.

F

{¶ 8} In 1998, respondent violated DR 6-101(A)(3) by promising to bring a lawsuit on a couple’s behalf concerning a physical assault. The clients paid respondent a $400 retainer and $126 for a filing fee, but he did not file the action. In December 1999, respondent returned the couple’s money, but during the interim, the statute of limitations on the clients’ assault claim expired.

G

{¶ 9} Respondent violated DR 1-102(A)(4) (engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation) and 6-101(A)(3) by promising to prepare and file a shared-parenting agreement for a client in March 1999. After the mother of the client’s child missed several appointments to sign the agreement, respondent agreed to file an action on the client’s behalf to obtain custody or be awarded visitation rights. In September or October 1999, respondent told his client that the necessary papers had been filed and that he was just waiting for them to be returned. But in November 1999, the client learned that respondent had not filed the papers and discharged him.

H

{¶ 10} Respondent violated DR 6-101(A)(3) and 7-101(A)(l) by promising to prepare and file a client’s 1998 income tax return. Respondent obtained an extension until August 1999 to file the return but did not return his client’s calls or meet with her to finish the return. In October 1999, the client filed for bankruptcy and in December 1999, the client’s bankruptcy trustee asked respondent for the client’s tax return or her records. Respondent failed to provide them. Respondent later had a bookkeeping service prepare the 1998 return, and [288]*288he so advised his client in March 2000, after she had filed a grievance against him.

{¶ 11} Respondent also agreed to file a motion to expunge a previous criminal conviction for this client. He never filed the motion, and the client retained the services of another attorney, who ultimately obtained the expungement.

I

{¶ 12} In April 2000, respondent violated DR 6 — 101(A)(3) and 7-101(A)(2) after promising to complete a change of custody agreement for a client whose ex-wife had already agreed to the new arrangement. Respondent assured the client that the process would take only a few weeks and that he would prepare the agreed judgment entry. Respondent never filed the papers necessary to change custody of the client’s child.

J

{¶ 13} Respondent violated DR 1-102(A)(5) (engaging in conduct that is prejudicial to the administration of justice) and 7-101(A)(2) and (3) (intentionally causing client damage or prejudice) after he agreed to represent a client in several pending criminal matters, including two traffic offenses and a probation violation case. In March 2000, the client’s husband paid respondent $3,100 with the understanding that all the money would go to court costs, fines, and fees for the reinstatement of his wife’s driver’s license. Respondent did not place these funds in a client trust account.

{¶ 14} In May 2000, respondent paid the client’s fines and court costs in full, a total of $614. In November of that year, he sent a $1,359 check toward his client’s $2,415 license reinstatement fee. Also in November, respondent took $1,754 in fees from the client’s funds without authority from his client. He eventually returned $750 of his fee, but the check he wrote for the client’s license reinstatement fee was returned for insufficient funds. Respondent later paid the license reinstatement fee. During the investigation of this misconduct, respondent tried to get his client’s husband to sign a letter that respondent had prepared to send to the Richland Bar Association explaining respondent’s use of the funds, but the husband refused.

K

{¶ 15} Respondent violated Gov.Bar R.

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Bluebook (online)
779 N.E.2d 750, 97 Ohio St. 3d 285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richland-county-bar-assn-v-brickley-ohio-2002.