Opinion
No. 83-41
Decided May 9, 1984.
Attorneys at law — Misconduct — One-year suspension — Commingling funds — Failure to notify client of receipt of funds.
ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Bar.
The Ohio State Bar Association, relator herein, filed a complaint with the Board of Commissioners on Grievances and Discipline charging respondent, Reed P. Jewett, with two counts of commingling fiduciary monies with personal funds.
As to the first count, it was alleged that within the time period in question respondent failed to distribute fiduciary monies from an estate in a timely fashion, and commingled the estate funds, mortgage closing funds, other clients' funds and fiduciary funds in a bank account with his personal funds from which he paid personal bills and expenses.
It was alleged with respect to the second count that respondent represented McMann-Smoot, Inc. in a collection matter during which time respondent collected $3,262.24. Such funds were deposited in another personal account. McMann-Smoot, Inc. was allegedly notified on October 5, 1981 when respondent wrote a letter stating he was enclosing a check for the collection less fees and expenses. McMann-Smoot, Inc. did not receive this letter or check and subsequently, in April 1982, contacted the debtor's attorney to inquire as to why it had not received the funds. The debtor's attorney exhibited a copy of the cancelled check that had been delivered to respondent. Respondent subsequently made payment to McMann-Smoot, Inc.
Upon consideration of the evidence, the board found with respect to the first count that respondent had violated DR 1-102(A)(4) (engaging in conduct involving dishonesty, fraud, deceit or misrepresentation), DR 1-102(A)(6) (engaging in any other conduct that adversely reflects on his fitness to practice law), DR 6-101(A)(3) (neglecting a legal matter entrusted to him), DR 9-102(A) (commingling), and DR 9-102(B) (failing to notify a client of the receipt of funds and maintaining records thereof, and accounting therefor).
With respect to the second count the board found there was insufficient evidence to demonstrate a violation of DR 1-102(A)(4) and (6) due to the vagaries of the postal system. The board did find, however, ample evidence to support a finding that DR 9-102(A) and (B) had been violated. The board thereupon recommended that respondent be suspended for a period of one year from the practice of law. Respondent, through counsel, made no objection to the board's findings and ultimate determination. Similarly, relator indicated it would not file objections to the findings and recommendation of the board.
Mr. Albert L. Bell and Mr. John R. Welch, for relator.
Mr. William L. Stehle, for respondent.
We have carefully reviewed the findings of the board, and concur that respondent violated the aforementioned Disciplinary Rules. Insofar as no objections have been made, we adopt the board's recommendation and order respondent suspended from the practice of law for a period of one year.
Judgment accordingly.
CELEBREZZE, C.J., W. BROWN, SWEENEY, LOCHER, HOLMES, C. BROWN and J.P. CELEBREZZE, JJ., concur.