Summary
In Greater Cleveland Bar Assn. v. Watkins (1981), 68 Ohio St.2d 11, 22 O.O.3d 125, 427 N.E.2d 516, the respondent attorney used his client's confidence to his own advantage in violation of DR 4-101(B)(3).
Summary of this case from Findlay/Hancock County Bar Ass'n v. FilkinsOpinion
D.D. No. 81-12
Decided October 28, 1981.
Attorneys at law — Misconduct — Indefinite suspension — Acts warranting.
ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline.
The Bar Association of Greater Cleveland, relator herein, filed a complaint with the Board of Commissioners on Grievances and Discipline pursuant to Gov. R. V, charging Walker T. Watkins, respondent herein, with the violation of DR 4-101(B)(1), revealing a confidence or secret of his client, and DR 4-101(B)(3), use of a confidence or secret of his client for the advantage of himself or a third person, unless the client consents after full disclosure.
This cause came on for hearing before a panel of the board of commissioners in Cleveland on March 12, 1981. The respondent was neither present nor did he answer. The record indicates that both certified mail service at respondent's last known address and personal service by the sheriff of Geauga County were attempted, but that the respondent was reported to be living at an unknown address in Florida. Testimony and exhibits were submitted on behalf of the relator. The record shows the following:
Respondent was retained by James E. Girdler to represent him in a divorce action in January of 1977. A divorce was subsequently granted to Girdler's wife, but a dispute arose over fees due Watkins and counsel for the wife, which had been secured by a mortgage note on the family residence. Mr. Girdler filed a complaint with the relator, which was referred to Elmer G. Cowan of the relator bar association. During the investigation, Girdler, by letter to Cowan dated March 19, 1979 (Exhibit 1), asked that the complaint be dropped because respondent had contacted Girdler's employer on a personal and confidential matter. Respondent had earlier by letter to Cowan dated February 14, 1979 (Exhibit 3), admitted to discussing with Girdler's employer the non-taxable income paid to Girdler. Thereupon, the relator proceeded with the complaint that respondent revealed a confidence of his client for his own advantage and to the disadvantage of the client.
Bernard M. Rutman of the Rutman Wine Company, Girdler's employer, testified that he had been called by respondent who stated that he felt that the company had been paying Girdler "somewhat under the table" and further stated that unless the action was withdrawn, he would go to the authorities. Girdler had apparently revealed this information to respondent and had not authorized its release.
Based on the statements of counsel for relator, the testimony of Rutman, and Exhibits 1 and 3, the board of commissioners found that the respondent had violated DR 4-101(B)(1) and (3), and recommended that he be suspended indefinitely from the practice of law in Ohio.
Mr. Owen J. McCafferty, Mr. John V. Donnelly and Mr. Walter L. Greene, for relator.
Upon examination of the record and the findings of the board of commissioners, we conclude that there are sufficient facts to find that respondent violated DR 4-101(B)(1) and (3) of the Code of Professional Responsibility.
We concur with the board's recommendation herein and hereby indefinitely suspend the respondent, Walker T. Watkins, from the practice of law.
Judgment accordingly.
CELEBREZZE, C.J., W. BROWN, SWEENEY, LOCHER, HOLMES, C. BROWN and KRUPANSKY, JJ., concur.