Opinion
D.D. No. 76-6
Decided May 19, 1976.
Attorneys at law — Misconduct — Acts warranting indefinite suspension.
ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline.
On July 7, 1975, relator, the Akron Bar Association, filed a complaint with the Board of Commissioners on Grievances and Discipline, charging respondent, Norman W. Holt, with misconduct in violation of DR 1-102(A)(4) and DR 6-101(A)(3) of the Code of Professional Responsibility.
DR 1-102 states:
"(A) A lawyer shall not: * * * (4) Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation."
DR 6-101 states:
"(A) A lawyer shall not: * * * (3) Neglect a legal matter entrusted to him."
The record discloses that in May 1973, respondent was hired by Charles Bryan to recover $1,000 paid by Bryan for certain franchise rights in Florida. Thereafter, respondent advised Bryan that he had filed suit in Sarasota, and later gave Bryan copies of a complaint which had purportedly been mailed to Florida for filing. On one copy given to Bryan, a case number appeared. Another copy included a notation to the effect that a general denial had been filed by the defendant. Respondent advised Bryan that he was awaiting a date for trial.
On October 17, 1975, respondent testified before a panel representing the board of commissioners. At the conclusion of that hearing, respondent was granted 30 days to produce evidence that he had, in fact, filed suit on behalf of Bryan.
On November 20, 1975, the hearing was reconvened. Respondent confessed to perjuring himself at the initial hearing. Respondent testified that he had lied to Bryan, and that he had not filed a complaint in any Florida court. He testified that the complaints given to Bryan were fictitious. He stated that the purported case number appearing on one copy was the number of a Cuyahoga Falls ordinance.
On March 16, 1976, the board of commissioners filed its report with this court. The board found as fact that respondent was guilty of misconduct as charged. The board recommended that respondent be suspended from the practice of law for an indefinite period.
On April 7, 1976, counsel for respondent advised this court by letter:
"* * * [Respondent] is fully advised of the findings and recommendation of the board of commissioners herein, and does not wish to file objections. Accordingly, * * * [respondent] respectfully prays the court to accept the findings and recommendation of the board of commissioners."
Mr. Joseph P. Wheeler, Mr. Frank P. Kaufmann and Mr. James P. Kelley, for relator.
Freifield, Bruzzese, Wehr, Moreland Co., L.P.A., and Mr. Carl C. Moreland, for respondent.
The record fully supports the finding of fact made by the board of commissioners. Respondent has filed no objection thereto, and prays this court accept the recommendation of the board. We deem that recommendation appropriate upon these facts, and therefore suspend respondent from the practice of law for an indefinite period.
Judgment accordingly.
O'NEILL, C.J., HERBERT, CORRIGAN, STERN, CELEBREZZE, W. BROWN and P. BROWN, JJ., concur.