disciplinary handbook: volume v - Supreme Court - State of Ohio

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Palombaro, Mahoning Cty. Bar Assn. v. 121 Ohio St.3d 351, 2009-Ohio-1223. Decided 3/24/2009. Case Summaries- 242 Respondent aided non-lawyers in the unauthorized practice of law through a foreclosure assistance company, failed to provide disclosures of his lack of malpractice insurance to his clients, and failed to properly preserve and account for client funds. Respondent came to represent Bradwin and Denise Jordan in 2005 through United Foreclosure Managers, L.L.C. (UFM), a company claiming to offer legitimate assistance to debtors facing foreclosure by negotiating with their creditors. No one at UFM is licensed to practice law in Ohio. UFM solicited the Jordans on the same day the couple received notice of their mortgagee‘s action in foreclosure. UFM arranged a meeting with the Jordans where Mrs. Jordan signed the necessary paperwork and paid half of the $990 fee, with the second half paid the following month. UFM hired respondent to defend the Jordans by filing an answer or taking other legal action to avoid the entry of a default judgment. UFM dictated the scope of respondent‘s duties, which were limited to filing a Leave to Plead and Answer, and paid him $55.00 for those services. Respondent timely filed the Leave to Plead and Answer, but did so without speaking to the Jordans. He remained as the counsel of record throughout the action, but never provided any verbal or written communication to the Jordans about his limited involvement or the status of their case. The bank moved for summary judgment, which was granted because there was no pleading in opposition filed. The court ordered the Jordans‘ home to be sold at auction. Respondent did not inform the Jordans of the summary judgment motion or judgment entry or that an order of sale was issued. While the Jordans were able to repurchase their home prior to eviction, they did so to their financial detriment. Respondent believed that UFM communicated to the Jordans that his participation was limited filing two pleadings; that UFM would communicate with the mortgage company to resolve the dispute and avoid foreclosure; that UFM provide necessary communications to the Jordans. Respondent settled a civil suit with the Jordans and paid full restitution. Further, respondent did not have any malpractice insurance in effect to provide coverage for this incident, and did not provide notification to the Jordans that he was uninsured for malpractice. As to the Jordans, the board found violations of DR 1-104(A) and 3-101(A). Respondent defended Michael Candle in a criminal indictment for felony theft and forgery beginning in 2004 and ending with his guilty pleas in June 2007. Candle accepted $19,000 for the sale of two cars, but never delivered the cars. In November 2005, Candle claimed he transferred $19,000 to respondent to be held in trust in anticipation of paying restitution to his victims. Respondent maintained that the funds were in payment of legal fees for a number of cases he had handled for Candle over the preceding years. However, respondent cannot produce detailed billing records for either himself or his office staff as to these fees. The judgement entry incorporated the negotiated plea and provided that at Candle was to pay the victims of his crime the $19,000 at his sentencing hearing or be sentenced for felony crimes instead of misdemeanors. Respondent agreed to provide the money so Candle could make restitution, but maintains these funds were for past services, thus retaining the right to legally pursue Candle for the past fees. The $19,000 was never dispersed from the trust account to respondent‘s operating account, yet the trust account records for November 2005 show a number of charges for insufficient funds and reflect improper payments. Respondent has made restitution to Candle, who is satisfied and wishes his grievance be dismissed or that respondent not be punished with an actual suspension. The board found violations of DR 9-102(A), 9-102(B)(3), and 9-102(B)(4). Lastly, he admitted that from November 1, 2005 and continuing through December 31, 2007, he failed as a general matter to properly preserve and safeguard client funds. He regularly wrote checks from the trust account to pay business expenses and overdrew the account. The board found violations of DR 9-102(A), 9-102(B)(3), and 9-102(B)(4), and Prof.Cond.R. 1.15(a), (b), and (c). In aggravation, he engaged in a pattern of misconduct and committed multiple offenses. BCGD Proc.Reg. 10(B)(1)(c) and (d). In mitigation, he has no prior disciplinary record, cooperated in the disciplinary proceeding, and established his good character and reputation. BCGD Proc.Reg. 10(B)(2)(a), (d), and (e). Further he has already made restitution to the Jordans and Candles and a third grievant whose grievance did not rise to the level of professional misconduct and his devotion to charitable and pro bono work weighs in his favor. BCGD Proc.Reg. 10(B)(2)(c). Consistent with the stipulations, the board recommended a one-year suspension stayed on
Case Summaries- 243 conditions that of a two year monitored probation in which his bank accounts be monitored by another attorney at his expense with quarterly reports to relator and the Supreme Court, full restitution be made to Candle, Westfield Insurance, and the Jordans attendance at a law office management CLE, and payment of all costs of this action. The Supreme Court agreed with the findings and recommended sanction and so ordered. Rules Violated: Prof.Cond.R. 1.15(a), 1.15(b), 1.15(c); DR 1-104(A), 3-101(A), 9-102(A), 9- 102(B)(3), 9-102(B)(4) Aggravation: (c), (d) Mitigation: (a), (c), (d), (e) Prior Discipline: NO Procedure/ Process Issues: NO Criminal Conduct: NO Public Official: NO Sanction: One-year suspension, stayed
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The Supreme Court of Ohio Board of
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Table of Cases Table of Cases- 1 [F
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Drain, Cuyahoga Cty. Bar Assn. v. 1
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Horton, Disciplinary Counsel v. 124
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Markovich, Akron Bar Assn. v. 117 O
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Table of Cases- 9 Ramos, Cleveland
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Table of Cases- 11 Stuard, Becker,
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Case Summaries Allerding, Columbus
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Case Summaries- 15 Archer, Northwes
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Case Summaries- 17 intermittently o
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Bartels, Allen Cty. Bar Assn. v. 12
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Blair, Disciplinary Counsel v. 128
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Case Summaries- 23 Bowling, Discipl
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Broschak, Disciplinary Counsel v. 1
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Brown, Dayton Bar Assn. v. 124 Ohio
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Brown, Allen Cty. Bar Assn. v. 124
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Brueggeman, Disciplinary Counsel v.
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Bunstine, Disciplinary Counsel v. 1
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Bursey, Disciplinary Counsel v. 124
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Butler, Disciplinary Counsel v. 128
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Campbell, Disciplinary Counsel v. 1
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Cantrell, Disciplinary Counsel v. 1
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Cantrell, Disciplinary Counsel v. 1
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Case Summaries- 45 abuse impede his
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Case Summaries- 47 respondent‘s d
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Case Summaries- 49 with a client if
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Case Summaries- 51 not DR 1-102(A)(
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Clovis, Columbus Bar Assn. v. 125 O
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Corrigan, Geauga Cty. Bar Assn. v.
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Cunningham, Butler Cty. Bar Assn. v
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Davis, Disciplinary Counsel v. 121
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Dawson, Cleveland Metropolitan Bar
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DeLoach, Akron Bar Assn. v. 130 Ohi
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Detweiler, Disciplinary Counsel v.
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DiCato, Akron Bar Assn. v. 130 Ohio
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DiMartino, Mahoning Cty. Bar Assn.
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Doellman, Disciplinary Counsel v. 1
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Drain, Cuyahoga Cty. Bar Assn. v. 1
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Ellis, Columbus Bar Assn. v. 120 Oh
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Emerson, Cincinnati Bar Assn. v. 12
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Farah, Toledo Bar Assn. v. 125 Ohio
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Farrell, Cincinnati Bar Assn. v. 12
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Fink, Akron Bar Assn. v. 131 Ohio S
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Folwell, Disciplinary Counsel v. 12
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Freedman, Akron Bar Assn. v. 128 Oh
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Freeman, Disciplinary Counsel v. 12
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Freeman, Disciplinary Counsel v. 11
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Frost, Disciplinary Counsel v. 122
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Case Summaries- 95 his goal of gain
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Gibson, Akron Bar Assn. v. 128 Ohio
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Glaeser, Cuyahoga Cty. Bar Assn. v.
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Goldblatt, Disciplinary Counsel v.
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Gottehrer, Cleveland Metro. Bar Ass
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Case Summaries- 105 disgorgement of
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Grote, Cincinnati Bar Assn. v. 127
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Hackett, Cincinnati Bar Assn. v. 12
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Case Summaries- 111 presented evide
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Hanni, Mahoning Cty. Bar Assn. v. 1
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Hauck, Cincinnati Bar Assn. v. 129
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Heiland, Disciplinary Counsel v. 11
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Heisler, Cincinnati Bar Assn. v. 11
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Henry, Disciplinary Counsel v. 127
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Hickman, Toledo Bar Assn. v. 119 Oh
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Hildebrand, Cleveland Metro. Bar As
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Holda, Akron Bar Assn. v. 125 Ohio
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Horan, Disciplinary Counsel v. 123
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Hoskins, Disciplinary Counsel v. 11
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Howard, Disciplinary Counsel v. 123
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Hunter, Columbus Bar Assn. v. 130 O
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Jackel, Ohio State Bar Assn. v. 118
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Jackson, Disciplinary Counsel v. 12
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Jaffe, Cleveland Metro Bar Assn. v.
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Johnson, Toledo Bar Assn. v. 121 Oh
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Johnson, Cuyahoga Cty. Bar Assn. v.
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Johnston, Disciplinary Counsel v. 1
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Jones, Mahoning Cty. Bar Assn. v. 1
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Kaplan, Cleveland Metro. Bar Assn.
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Kealy, Cleveland Metro. Bar Assn. v
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Kellogg-Martin, Disciplinary Counse
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Kelly, Disciplinary Counsel. v. 121
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Case Summaries- 159 other assets in
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Case Summaries- 161 none of the mon
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Case Summaries- 163 Although the un
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Kubyn, Lake Cty. Bar Assn. v. 121 O
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Landis, Disciplinary Counsel v. 124
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Lapine, Disciplinary Counsel v. 128
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Larkin, Columbus Bar Assn. v. 128 O
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Case Summaries- 173 Board‘s findi
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Lawson, Cincinnati Bar Assn. v. 119
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Lawson, Cincinnati Bar Assn. v. 130
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Lentes, Disciplinary Counsel v. 120
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Lewis, Medina Cty. Bar Assn. v. 121
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Case Summaries- 183 and blame the w
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Longino, Disciplinary Counsel v. 12
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Lowden, Toledo Bar Assn. v. 117 Ohi
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Case Summaries- 189 8.4(h) by his a
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Page 199 and 200: Martin, Toledo Bar Assn. v. 131 Ohi
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Page 215 and 216: Miller, Disciplinary Counsel v. 126
Page 217 and 218: Minamyer, Butler Cty. Bar Assn. v.
Page 219 and 220: Case Summaries- 217 represent his c
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Page 261 and 262: Pullins, Disciplinary Counsel v. 12
Page 263 and 264: Case Summaries- 261 disqualificatio
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Page 267 and 268: Case Summaries- 265 history, no dis
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Saunders, Greene Cty. Bar Assn. v.
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Sayler, Cleveland Metro. Bar Assn.
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Case Summaries- 297 1.5(a), 1.16(d)
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Schram, Dayton Bar Assn. v. 122 Ohi
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Scott, Toledo Bar Assn. v. 129 Ohio
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Shaw, Disciplinary Counsel v. 126 O
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Shea, Columbus Bar Assn. v. 117 Ohi
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Shuler, Disciplinary Counsel v. 129
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Siewert, Disciplinary Counsel. v. 1
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Simon, Disciplinary Counsel v. 128
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Smith, Disciplinary Counsel v. 124
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Smith, Disciplinary Counsel v. 128
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Smithern, Akron Bar Assn. v. 125 Oh
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Squire, Disciplinary Counsel v. 130
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Stafford, Disciplinary Counsel v. 1
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Stoll, Erie-Huron Grievance Commt.
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Stuard, Becker, and Bailey, Discipl
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Taylor, Disciplinary Counsel v. 120
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Theisler, Mahoning Cty. Bar Assn. v
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Thomas, Cleveland Metro. Bar Assn.
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Case Summaries- 333 court entered a
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Trainor, Cincinnati Bar Assn. v. 12
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Troxell, Columbus Bar Assn. v. 129
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Troy, Lake Cty. Bar Assn. v. 130 Oh
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Case Summaries- 341 professionals i
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Vivyan, Disciplinary Counsel v. 125
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Case Summaries- 345 offenses, there
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Walker, Disciplinary Counsel v. 119
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Weisberg, Toledo Bar Assn. v. 124 O
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Case Summaries- 351 Chandlers to di
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Williams, Disciplinary Counsel v. 1
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Williamson, Butler Cty. Bar Assn. v
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Wineman, Disciplinary Counsel v. 12
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Wittbrod, Akron Bar Assn. v. 130 Oh
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Yeager, Disciplinary Counsel v. 123
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Zaffiro, Cleveland Metro. Bar Assn.
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Zigan, Disciplinary Counsel v. 118
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Bennett (2/4/2010) (unlawfully stru
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Clovis (5/5/2010) (as required by G
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on inactive status and while under
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suspension, and remanded to board t
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violations for attempt to dismiss a
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Wineman (5/6/2009) Wolanin (4/1/200
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Willette (3/20/2008) DR 2-103(C) (r
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Patterson (12/2/2009) Ryan (8/27/20
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DR 7-102(A)(5) (knowingly making fa
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DR 9-102(B)(4) (failure to promptly
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Dearfield (10/19/2011) DeLoach (8/3
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McNerney (5/28/2009)(term suspensio
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Hoppel (6/8/2011) Hunter (11/15/201
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Rule 1.5(a) (charging or collecting
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Gottehrer (3/17/2010) Gresley (12/2
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Marshall (2/12/2009) Martin (12/15/
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Meade (12/22/2010) Medley (1/27/201
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