Summary
In Toledo Bar Association v. Fell, 51 Ohio St.2d 33, 364 N.E.2d 872 (1977), an attorney specializing in workman's compensation law, with knowledge of the long-established practice of the Ohio Industrial Commission to deny any claim for permanent total disability benefits upon notice of death of a claimant, deliberately withheld information concerning his client's death prior to a hearing on a motion concerning the claim in order to collect a fee.
Summary of this case from Virzi v. Grand Trunk Warehouse Cold Storage Co.Opinion
D.D. No. 77-3
Decided July 6, 1977.
Attorneys at law — Misconduct — Indefinite suspension — Acts warranting.
ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline.
George H. Fell, respondent, was admitted to the practice of law in Ohio in 1933. He has since served this state in various capacities: as a former assistant attorney general, a former member of the Toledo Regional Board of Review of the Bureau of Workmen's Compensation, and a former hearing officer with the Toledo branch of the Bureau of Workmen's Compensation. Presently, Fell is engaged in the private practice of law in Toledo, specializing in the field of Workmen's Compensation law.
In September of 1975, the Grievance Committee of the Toledo Bar Association undertook an investigation concerning alleged improprieties committed by Fell with respect to the handling of a claim for permanent-total disability benefits. After a hearing, wherein Fell was provided an opportunity to show cause why formal charges should not be filed against him, the committee decided to file a complaint with the Board of Commissioners on Grievances and Discipline of the Supreme Court of Ohio (board), averring that Fell had violated DR 1-102(A)(4), (5), and (6), and DR 7-102(A)(2) and (3) of the Code of Professional Responsibility.
The board conducted hearings on September 30, 1976, and October 1, 1976, and, on April 5, 1977, certified to this court its recommendation that Fell be indefinitely suspended from the practice of law. The board found that Fell had violated the following provisions of the Code of Professional Responsibility: DR 1-102(A)(5), DR 1-102(A)(6), and DR 7-102(A)(3).
On April 25, 1977, Fell filed his objections to the findings and recommendation of the board with this court.
Mr. Maurice D. O'Connell and Mr. Robert G. Clayton, Jr., for relator.
Mr. John J. Callahan, Mr. Merritt W. Green, Sr., and Mr. George N. Fell, II, for respondent.
The board found that Fell (a specialist in the field of Workmen's Compensation law), having understood that it had been the long established practice of the Industrial Commission to deny any claim for permanent-total disability benefits upon notice of the death of the claimant, deliberately withheld information concerning his client's death prior to the hearing on the motion concerning the claim. The board concluded that Fell's primary motive in withholding such information was to gain for himself a fee to which he was not entitled, but yet received.
DR 1-102(A) provides, in part:
"A lawyer shall not.
"* * *
"(5) Engage in conduct that is prejudicial to the administration of justice.
"(6) Engage in any other conduct that adversely reflects on his fitness to practice law."
DR 7-102(A) reads, in part:
"In his representation of a client, a lawyer shall not
"* * *
"(3) Conceal or knowingly fail to disclose that which he is required by law to reveal."
Having reviewed the testimony taken before the board, as well as the submitted letters and documents, this court concurs with the findings of fact and conclusion of the commission that Fell violated the above provisions of the Code of Professional Responsibility.
It is the judgment of this court that respondent be indefinitely suspended from the practice of law.
Judgment accordingly.
HERBERT, CELEBREZZE, P. BROWN, SWEENEY and LOCHER, JJ., concur.
O'NEILL, C.J., and W. BROWN, J., not participating.