ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Bar.

Relator, Dayton Bar Association, brought this disciplinary action against respondent, Walter C. Evans, setting forth in the complaint some ten charges of misconduct. Two counts were dismissed by the panel at the start of the hearing and four counts were dismissed after the hearing. The four counts that remain, and upon which the Board of Commissioners on Grievances and Discipline has made its recommendation, consist in the main of charges of paying personal bills from an office trust account, and dealings with a client where there existed a conflict of interest.

Basically, the facts surrounding one of the charges are that respondent maintained a trust account at Third National Bank Trust Company, Dayton, Ohio. The evidence disclosed that during the period January 1982 through June 30, 1983, respondent wrote numerous checks from the account for payment of personal expenses, e.g., utilities, auto club dues, clothing, payments to his wife, and numerous checks payable to himself or cash.

The evidence produced by relator established that on at least nine, or as many as thirteen, occasions, respondent's trust fund was overdrawn. Respondent contends the overdrafts were due to a failure of certain deposits to clear or that deposits were not entered promptly by the bank. The documentation available to the panel was sparse because of the failure of respondent to produce all the records subpoenaed by relator.

As to the facts in another charge, the record shows that respondent was retained by Mrs. Beatrice White upon referral of an insurance representative. Mrs. White's husband had died in an accident and she had received an insurance settlement in an amount of $100,000. Mrs. White consulted with respondent to draft a new will and to seek investment advice from him for the money which she had received. In July 1982 Mrs. White gave respondent a check for $2,000 to invest in the "Next Generation Construction Company," a company for which respondent was attorney and statutory agent. Respondent deposited the check in his trust account and less than a week later wrote a check from his trust account to the president of Next Generation Construction Company. Mrs. White testified the respondent never advised her that he was the attorney for the company or served as its statutory agent.

Mrs. White understood she was to receive stock for her investment, but approximately two weeks later a redemption agreement was apparently mailed to Mrs. White which provided that she was to receive eighteen and one-half percent interest on twenty shares of stock with a redemption date of July 1983. Mrs. White denied ever receiving the redemption agreement. After numerous phone calls to the respondent about her investment, Mrs. White went to a broker to sell her "stock" and was unsuccessful because the stock was in an unlisted corporation. In December 1982, Mrs. White went to respondent and advised him that she wanted her stock sold. At that time respondent advised her the stock had to be held for at least one year. In June 1984, subsequent to the complaint herein, Mrs. White received $2,200 from the company with a letter stating it was a return of the investment at $2,000 plus $200, which amount was less than the promised interest.

The next charge involves facts showing that respondent had further dealings with his client, Mrs. White, where the respondent had a conflict of interest. It appears that the respondent had entered into an agreement with one John Willis who dealt in stocks, such agreement being to the effect that respondent would establish a stock purchase account and act as representative or agent for the account. Accordingly, Mrs. White gave respondent a check for $3,000 to invest in a company named Johnson Controls. The check was made out to John Willis and deposited in respondent's trust account. The respondent sent John and Annette Willis a check from the trust account for $2,845. Apparently the difference in the amounts represented the respondent's commission as agent. Mrs. White received fifteen shares of the stock of Johnson Controls which were valued at approximately $562.50.

Thereafter Mrs. White gave respondent $2,200 to purchase stock in the "Miami Valley/Third World Consortium, Inc.," a company dealing in native artifacts, for which company the respondent was an incorporator and statutory agent. It appears that Mrs. White received a partial repayment of the amount paid upon this stock, such repayment being in the amount of $671.

The last count against respondent was that he failed to provide records to relator as requested during the investigation. He also failed to produce for relator or the board the documentation requested, subpoenaed and ordered by the panel. Respondent further failed to cooperate with the attorneys designated by relator to conduct the investigation.

As to the charges, the board found that the respondent failed to maintain adequate records of the funds deposited with him by his client, Beatrice White, and violated DR 9-102(A). Respondent further failed to advise Mrs. White of his relationship with New Generation Construction Company and Miami Valley/Third World Consortium, and by virtue of his conflicts of interest violated DR 5-101(A), 5-104(A), 5-105(A) and (B), and further violated DR 9-102(B)(2), (3) and (4). Respondent's failure to provide documents requested and subpoenaed by relator, and the failure to cooperate with relator and the hearing panel, were found to be in violation of Gov. Bar R.V.

Upon such evidence and conclusions, the board of commissioners recommended that the respondent be indefinitely suspended from the practice of law.