Stark County Bar Ass'n v. Marosan

106 Ohio St. 3d 430
CourtOhio Supreme Court
DecidedOctober 26, 2005
DocketNo. 2005-0818
StatusPublished
Cited by8 cases

This text of 106 Ohio St. 3d 430 (Stark County Bar Ass'n v. Marosan) 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
Stark County Bar Ass'n v. Marosan, 106 Ohio St. 3d 430 (Ohio 2005).

Opinion

Per Curiam.

{¶ 1} Respondent, Joseph Eugene Marosan, of Middleburg Heights, Ohio, Attorney Registration No. 0025849, was admitted to the Ohio bar in 1984.

{¶ 2} On August 9, 2004, relator Stark County Bar Association filed a complaint charging respondent with several counts of professional misconduct. On November 29, 2004, relator Cuyahoga County Bar Association filed an amended complaint charging respondent with four other counts of professional misconduct. Respondent answered. A panel of the Board of Commissioners on Grievances and Discipline held a hearing and made findings of fact and conclusions of law, which the board adopted. The panel also recommended a sanction for the misconduct, which the board modified.

Misconduct

I. The Stark County Complaint

Count One

{¶ 3} Priscilla McGuire paid respondent a $400 retainer in April 2003 to represent her in the dissolution of her marriage. Respondent never filed any documents in court on McGuire’s behalf and did not refund the fee to her. During the investigation of his misconduct, respondent could not locate any documents relating to his representation of McGuire.

{¶ 4} Respondent admitted and the board found that he had thereby violated DR 6-101(A)(3) (prohibiting a lawyer from neglecting an entrusted legal matter). The board also found that respondent had violated DR 1-102(A)(6) (prohibiting conduct that adversely reflects on a lawyer’s fitness to practice law), 7-101(A)(l) (requiring an attorney to seek the client’s lawful objective through reasonable and lawful means), 7-101(A)(2) (requiring an attorney to carry out a contract of professional employment), 7-101(A)(3) (barring conduct that prejudices or damages a client), 9-102(B)(3) (requiring a lawyer to maintain complete records and appropriate accounts), and 9-102(B)(4) (requiring prompt payment of the client’s funds or other property in the lawyer’s possession).

Count Tivo

{¶ 5} William and Crystal Miller paid respondent a $625 retainer in August 2002 to initiate and pursue a Chapter 7 bankruptcy case on their behalf. In early 2003, the Millers told another lawyer that they no longer wanted to file bankrupt[432]*432cy, and that lawyer promptly called and wrote respondent advising him of the Millers’ wishes. Even so, respondent filed the bankruptcy petition on the Millers’ behalf in December 2003. The Millers were unaware that respondent had filed the bankruptcy petition until they tried to refinance the mortgage on their home in early 2004 and were told by the lender that they could not refinance the mortgage because they had filed bankruptcy. The Millers then retained another attorney, who filed a motion to dismiss the bankruptcy case in February 2004. The bankruptcy court dismissed the case the following month. Respondent did not refund any of the fee that he had received from the Millers.

{¶ 6} The board found that respondent had thereby violated DR 1-102(A)(6), 6 — 101(A)(3), 7-101(A)(l), 7-101(A)(2), 7-101(A)(3), 9-102(B)(3), and 9-102(B)(4).

Count Three

{¶ 7} Barbara Browning paid respondent a $600 retainer in August 2002 to initiate and pursue a Chapter 7 bankruptcy case on her behalf. Respondent did not file the bankruptcy petition until December 2003. In the meantime, Browning received numerous calls from a creditor. She tried repeatedly to speak with respondent by telephone, but he never returned her calls. After the bankruptcy petition was filed, Browning attended a scheduled hearing in the bankruptcy court. Respondent did not attend. Browning’s debt was discharged in May 2004. Respondent never refunded any of the money Browning had paid him.

{¶ 8} The board found that respondent had thereby violated DR 1 — 102(A)(6), 6-101(A)(3), 7 — 101(A)(1), 7-101(A)(2), and 7-101(A)(3).

Count Four

{¶ 9} Kevin and Pamela Heim paid respondent a $625 retainer in December 2002 to initiate and pursue a Chapter 7 bankruptcy case on their behalf. Respondent did not file the bankruptcy petition until July 2003. In the meantime, the Heims received calls at home and work from creditors. Pamela Heim tried repeatedly to speak with respondent by telephone, but he never returned her calls. After the bankruptcy petition was filed, the Heims attended a scheduled hearing in the bankruptcy court, and their debt was discharged in October 2003. Respondent did not attend the hearing in the bankruptcy court and never refunded any of the money that the Heims had paid him.

{¶ 10} The board found that respondent had thereby violated DR 1-102(A)(6), 6-101(A)(3), 7 — 101(A)(1), 7 — 101 (A)(2), and 7-101(A)(3).

{¶ 11} As to all four counts, the board also found that respondent had violated Gov.Bar R. V(4)(G) (requiring attorneys to cooperate with and assist in any disciplinary investigation). Relator Stark County Bar Association sent ten letters [433]*433to respondent in 2003 and 2004 asking him to respond to the various grievances filed against him, but he never replied to any of the letters.

II. The Cuyahoga County Complaint

{¶ 12} Betty Albano retained respondent in January 2003 to prepare a fiduciary deed and a warranty deed transferring the ownership of real property that had been owned by her late father. Respondent was to file the documents with the county recorder and send copies to Albano, who paid respondent $129 for his services. Respondent never recorded the deeds. He also canceled appointments with Albano and failed to return her calls when she inquired about the status of the deeds. In addition, respondent failed to reply to the four letters sent to him by relator Cuyahoga County Bar Association in connection with its investigation of the grievance that Albano had filed against him in early 2004.

{¶ 13} Respondent admitted and the board found that he had thereby violated DR 6-101(A)(3), 7-101(A)(2), and Gov.Bar R. V(4)(G). The board also found that respondent had violated DR 1-102(A)(6).

Count Tioo

{¶ 14} Gregory S. Cameron paid respondent a $600 retainer and filing fee in March 2002 to initiate and pursue a bankruptcy case on his behalf. Respondent prepared the bankruptcy petition but never filed it. Cameron filed a grievance against respondent in October 2003. Respondent did not reply to five letters sent to him in 2003 and 2004 by relator Cuyahoga County Bar Association as part of its investigation of that grievance.

{¶ 15} Respondent admitted and the board found that respondent had thereby violated DR 7-101(A)(2), 9-102(A) (requiring a lawyer to deposit client funds in a trust account), and Gov.Bar R. V(4)(G). The board also found that respondent had violated DR 1-102(A)(6) and 6-101(A)(3).

{¶ 16} Sylvia Graham paid respondent a $215 retainer in December 2003 to prepare a power of attorney for her and to file that document with the county recorder. Respondent performed these services but failed to deliver a copy to Graham as he had promised. Graham tried repeatedly between December 2003 and March 2004 to contact respondent about the status of the document. Respondent failed to return all but one of her calls. Graham eventually obtained a copy of the document herself from the county recorder’s office and discovered that her son Patrick had been incorrectly identified in the power of attorney as “Patricia.” She brought the error to respondent’s attention.

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109 Ohio St. 3d 439 (Ohio Supreme Court, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
106 Ohio St. 3d 430, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stark-county-bar-assn-v-marosan-ohio-2005.