Opinion
D.D. No. 81-6
Decided June 24, 1981.
Attorneys at law — Misconduct — One-year suspension — Acts warranting.
ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline.
This cause arose from a complaint filed with the Board of Commissioners on Grievances and Discipline by relator, the Ohio State Bar Association, against respondent, Robert L. York, charging him with misconduct. The board, following a hearing, found that respondent had violated DR 1-102(A)(4) and DR 9-102(A) of the Code of Professional Responsibility. The board, accordingly, recommended that respondent be suspended for a period of one year from the practice of law.
DR 1-102(A)(4) reads as follows:
"(A) A lawyer shall not:
"* * *
"(4) Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation."
DR 9-102(A) reads as follows:
"(A) All funds of clients paid to a lawyer or law firm, other than advances for costs and expenses, shall be deposited in one or more identifiable bank accounts maintained in the state in which the law office is situated and no funds belonging to the lawyer or law firm shall be deposited therein except as follows:
"(1) Funds reasonably sufficient to pay bank charges may be deposited therein.
"(2) Funds belonging in part to a client and in part presently or potentially to the lawyer or law firm must be deposited therein, but the portion belonging to the lawyer or law firm may be withdrawn when due unless the right of the lawyer or law firm to receive it is disputed by the client, in which event the disputed portion shall not be withdrawn until the dispute is finally resolved."
The facts, as adduced from the evidence submitted in the hearing in Youngstown on March 2, 1981, before the duly appointed hearing panel of the board, are that respondent represented Truck World, Inc., which operates truck stops in Ohio and Indiana; that John Scouten, a Toledo attorney, represented Chang Ko and Song Ja Ko, who operated the Oriental Health Spa from headquarters owned by Truck World, Inc.; and that a dispute concerning the lease between the Kos and Truck World, Inc., resulted in the Kos vacating the premises and bringing an action to recover a $2,400 security deposit from Truck World, Inc.
John Scouten, acting as attorney for the Kos, testified that a settlement was reached by the parties for the security deposit. Truck World, Inc., gave $1,500 in cash to their attorney, the respondent, to be forwarded to the Kos as per the settlement agreement. Instead of forwarding the money, respondent used the $1,500 for personal uses. He used $600 to pay his back alimony and support to his ex-wife and, also, used $500 for lease payments owed on a personal automobile. Respondent kept the remaining $400 on his person until this matter was finally disposed of.
Albert E. Koontz, vice president and manager of a local bank, testified that his records indicated that the $1,500 was never deposited to the York escrow account. Yet, the records indicated that a check was issued from the York escrow account for $1,500 to John Scouten and was returned with a bank notation of "account closed." Koontz testified that it was the policy of the bank that, when there was a zero balance in the account, checks were marked "account closed," and not "returned for insufficient funds."
John Scouten testified that he had received $1,500 from York's escrow account and deposited the same in his account, but the check was returned "account closed." In the interim, John Scouten had sent his clients, the Kos, their share of the $1,500 after deducting a portion of his fees.
On five or six occasions, Scouten, who has an office in Toledo, tried to contact respondent in Girard, Ohio, by telephone. On each occasion he left a message with the respondent's secretary to return his call. Ultimately, Scouten filed a bad check charge against York. The Girard police went to the respondent's office and then, and only then, did the respondent call Scouten. Scouten agreed to drop the charges upon payment of the $1,500. Shortly thereafter, the charges were dismissed, and Scouten did receive a check for $1,500.
Mr. John R. Welch, Mr. Albert L. Bell, Mr. William K. Yost and Mr. William R. Copperman, for relator.
Mr. Robert L. York, pro se.
"One of the fundamental tenets of the professional responsibility of a lawyer is that he should maintain a degree of personal and professional integrity that meets the highest standard. The integrity of the profession can be maintained only if the conduct of the individual attorney is above reproach. * * *" Cleveland Bar Assn. v. Stein (1972), 29 Ohio St.2d 77, 81.
Therefore, having reviewed the findings of fact and recommendation of the board, as well as the documentation and other evidence presented, it is found that respondent did violate DR 1-102(A)(4) and DR 9-102(A) of the Code of Professional Responsibility.
It is the judgment of this court that respondent be suspended for a period of one year from the practice of law, and it is so ordered.
Judgment accordingly.
CELEBREZZE, C.J., W. BROWN, P. BROWN, SWEENEY, LOCHER, HOLMES and C. BROWN, JJ., concur.