Opinion
No. 91-858
Submitted June 26, 1991 —
Decided December 18, 1991.
ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 90-40.
In a complaint filed June 26, 1990, relator, Cincinnati Bar Association, charged that respondent, Terry A. Weber, had violated DR 6-101(A)(1) (handling a legal matter incompetently) and 6-101(A)(3) (neglecting an entrusted legal matter). This action was heard by a panel of the Board of Commissioners on Grievances and Discipline of the Supreme Court on February 22, 1991.
Relator and respondent stipulated to the following:
On October 7, 1988, Nancy A. Woodruff executed a will in which she left the majority of her estate, in trust, to her two children and the residue of her estate to her husband. Respondent was named executor and trustee of the estate.
Mrs. Woodruff died on October 11, 1988. Respondent failed to open decedent's estate, despite demands by her children, until February 13, 1990. Between October 11, 1988 and February 14, 1990, respondent failed to collect and properly account for estate assets. Also, respondent failed to deposit a check in the amount of $7,020, which he received on November 22, 1988, until February 14, 1990, thereby losing interest on these funds during that period. Respondent failed to pay various estate debts and obligations such as real estate taxes, homeowner's insurance premiums, and motor vehicle insurance premiums.
On March 14, 1990, respondent resigned as executor and trustee of decedent's estate. Prior to that date, respondent's only action in regard to the estate was to have decedent's will admitted to probate and to apply for authority to administer her estate, open an executor's account, and pay several delinquent bills and Ohio estate tax. As a result of respondent's failure to file decedent's Ohio estate tax return until March 1, 1990, he caused the estate to incur unnecessary penalties in the amount of $104.18.
Based on the above, the panel found that respondent had violated DR 6-101(A)(1) and 6-101(A)(3). Before making its recommendation, the panel considered that respondent had been cooperative and had admitted his mishandling of the estate. Part of his neglect of the matter was due to inadequate secretarial assistance which was combined with the breakdown of his relationship with an experienced probate attorney who was assisting him in his estate work. In addition, there was evidence before the panel that respondent had a problem with alcohol abuse, and was also receiving psychiatric care on an "as needed" basis for depression which, for the most part, was being controlled by medication.
Respondent has participated in the Volunteer Lawyers Foundation, and virtually his entire legal career has been dedicated to defending the interests of abused children. Respondent was named volunteer lawyer of the year in 1989. He is presently assistant supervisor for the juvenile division of the public defender's office in Hamilton County, specializing in the protection of abused children.
The panel recommended that respondent be publicly reprimanded and that restitution be made to the estate, including interest on the amount owed, within twelve months of the determination of this action. In April 1991, the board of commissioners adopted the findings and recommendation of the panel.
Richard H. Johnson, Edwin W. Patterson III and Thomas M. Tepe, for relator.
Terry A. Weber, pro se.
We agree that respondent committed the disciplinary violations found by the board, but modify its recommendation. Respondent is hereby publicly reprimanded, and we order that restitution be made consistent with the board's opinion, but within sixty days of the date of this order. Failure to make restitution will result in respondent's immediate suspension from the practice of law in Ohio until such payment is made. Costs taxed to respondent.
Judgment accordingly.
MOYER, C.J., SWEENEY, HOLMES, WRIGHT, H. BROWN and RESNICK, JJ., concur.
DOUGLAS, J., concurs in judgment only.
I concur in the judgment but I would give respondent twelve months to make restitution.