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

Dundon, Disciplinary Counsel v.129 Ohio St.3d 571, 2011-Ohio-4199. Decided 8/30/2011.Case Summaries- 74Respondent failed to regularly communicate with his client, failed to follow up on the status of theclient‘s trust documents, and failed to promptly respond to the client‘s new attorney‘s requests for arefund of fees. Respondent was hired to do some estate planning for his client and to create a series ofLLCs to protect his client‘s rental properties. Respondent sent the appropriate documents to the trusteeand the secretary of state, but did not follow up with these agencies, which caused delay in his clientsreceiving their LLC registration papers and their trust book. Respondent closed his law practice andreassigned all his cases to another attorney, but failed to promptly and properly deliver all of the trustdocuments. This caused the new attorney to have to redo the work; respondent as a result refunded thefee he took from the client. This conduct violated DR 6-101(A)(3) (neglect of a legal matter), 9-102(B)(4) (promptly deliver all client‘s property); Prof.Cond.R. 1.3 (reasonable diligence andpromptness), 1.4(a)(2) (reasonably consult with client), 1.4(a)(3) (keep client informed), 1.4(a)(4)(comply with reasonable requests for information). The Court agreed with these findings. There wereno aggravating factors; in mitigation, respondent had no prior disciplinary record, lacked a dishonest orselfish motive, acknowledged the wrongful nature of his conduct, cooperated in the disciplinary process,and made full restitution. BCGD Proc.Reg. 10(B)(2)(a), (b), (c), and (d). The parties recommended a sixmonth,stayed suspension. Relator cited Sebree (2004), Harp (2001), and Wilson (2000). The panel andboard believed that the misconduct in these cited cases was more egregious than here, and insteadrecommended a public reprimand. The Court agreed with the board‘s assessment and ordered respondentbe publicly reprimanded.Rules Violated: Prof.Cond.R. 1.3, 1.4(a)(2), 1.4(a)(3), 1.4(a)(4); DR 6-101(A)(3), 9-102(B)(4)Aggravation: NONEMitigation: (a), (b), (c), (d)Prior Discipline: NO Procedure/ Process Issues: NO Criminal Conduct: NOPublic Official: NO Sanction: Public Reprimand