Opinion
D.D. No. 84-34
Decided December 31, 1984.
Attorneys at law — Misconduct — One-year suspension — Failure to act on legal matters — Failure to register as lawyer — Gov. Bar R. VI — Failure to cooperate in investigation.
ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Bar.
The Cincinnati Bar Association, relator herein, filed a three-count complaint with the Board of Commissioners on Grievances and Discipline against respondent, John H. Marble.
In Count One, it was alleged that while respondent had agreed to represent the National Life and Accident Insurance Company in a civil case, respondent thereafter failed to keep National Life adequately informed of the status of the case, failed to respond to inquiries by National Life, failed to file timely motions, failed to file a notice of appeal, and failed to notify National Life of the judgment rendered against it.
Respondent is charged in Count Two with failing to have ever registered with the Clerk of the Supreme Court of Ohio as an active attorney since his admission to practice in May 1957.
Finally, in Court Three, respondent is alleged to have failed to cooperate in this grievance investigation undertaken against him.
Based on the above, the complaint alleged respondent was guilty of misconduct in that he violated the following: DR 6-101(A)(3); DR 7-101(A)(1), (2) and (3); Gov. Bar R. VII(6) [ sic]; DR 1-102(A)(6); Canon 9; and Gov. Bar R. V(4).
A hearing was held before a panel of the board on June 22, 1984, where relator requested an indefinite suspension. The board of commissioners in its findings of fact noted that respondent was present without counsel and agreed to proceed representing himself. The board then found that the evidence as a whole supports a finding that respondent failed to act in at least three legal matters entrusted to him in violation of DR 6-101(A)(3), failed to properly register as a lawyer in compliance with Gov. Bar R. VI, and failed to cooperate in the investigation undertaken against him by relator.
The board concluded that based on all the evidence presented, "* * * Respondent be suspended for a period of one year; that the one (1) year suspension remain in effect until such time that Respondent properly registers with the Supreme Court of Ohio."
Mr. John S. Wirthlin and Mr. John W. McNally, Jr., for relator.
Mr. John H. Marble, pro se.
After a careful examination and a review of the record in this case, this court concurs with the findings and conclusions of the board that respondent's actions, when considered altogether, necessitate that sanctions against him be imposed.
It is the judgment of this court that respondent be suspended from the practice of law for one year.
Judgment accordingly.
CELEBREZZE, C.J., W. BROWN, SWEENEY, LOCHER, HOLMES, C. BROWN and J.P. CELEBREZZE, JJ., concur.