Summary
In Thorpe, the attorney was aware that he had been indefinitely suspended from the practice of law, but he engaged in settlement negotiations on behalf of a client in conscious disregard of the suspension.
Summary of this case from Disciplinary Counsel v. MeehanOpinion
No. D.D. 88-12
Submitted September 8, 1988 —
Decided December 30, 1988.
Attorneys at law — Misconduct — Permanent disbarment — Practicing law during period of indefinite suspension.
ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 26-87-B.
On October 5, 1987, relator, Akron Bar Association, filed a complaint against respondent, John Arthur Thorpe III, alleging two counts of misconduct. The complaint was served on the Clerk of the Supreme Court pursuant to Gov. Bar R. V(33) and (34). The matter was heard by a panel of the Board of Commissioners on Grievances and Discipline of the Supreme Court on May 13, 1988. Respondent did not answer the complaint or appear at the hearing.
The record reflects that, on April 30, 1986, respondent was indefinitely suspended from the practice of law in Ohio by order of this court. See 23 Ohio St.3d 210, 23 OBR 369, 492 N.E.2d 162. Later that year, however, he attempted to settle a claim arising from an automobile accident on behalf of a client. The attorney with whom respondent tried to negotiate reported his efforts to relator.
Relator charged that respondent's conduct violated "DR 1.102(4) [ sic, 1-102(A)(4)]" (engaging in conduct involving fraud, deceit, dishonesty, or misrepresentation), "1.102(5) [ sic, 1-102(A)(5)]" (engaging in conduct prejudicial to the administration of justice), and 3-101(B) (practicing law in violation of the profession's regulations). The board found support for each violation cited. It recommended that respondent be permanently disbarred.
Renner, Kenner, Greive, Bobak Taylor and Reese Taylor, for relator.
This court agrees with the board's findings and adopts its recommendation. Accordingly, we order respondent permanently disbarred from the practice of law in Ohio. Costs taxed to respondent.
Judgment accordingly.
MOYER, C.J., SWEENEY, LOCHER, HOLMES, DOUGLAS, WRIGHT and H. BROWN, JJ., concur.