Opinion
No. 84-41
Decided April 3, 1985.
Attorneys at law — Misconduct — One-year suspension — Failure to properly pay client's funds — Issuance of checks with insufficient funds.
ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Bar.
On May 24, 1984 the Columbus Bar Association, relator herein, filed a two-count complaint with the Board of Commissioners on Grievances and Discipline against respondent, Paul R. Brown.
It was alleged in Count 1 that respondent completed a settlement for damages for his client, Lola Young, and, upon delivery of a release of claims executed by his client, received a draft in the amount of $850 which he negotiated and did not deposit in an identifiable bank account. It is further alleged that respondent prepared and delivered to Young, upon her request, two post-dated checks drawn upon his trust account, check No. 1452 for $215 and check No. 1453 for $357; that Young negotiated the checks; and that check No. 1452 was returned "unpaid for insufficient funds" and check No. 1453 was returned for the reason that respondent had stopped payment on the check.
Respondent is alleged in Count 2 to have received the sum of $12,000 in settlement of a claim arising from an automobile accident involving his client, Roberta Davis, and to have retained $2,354.30 from this settlement for medical expenses incurred by Davis which sum was not deposited in an identifiable bank account. The complaint also alleged that during this period, respondent's trust account, maintained at BancOhio National Bank, Columbus, Ohio, was in an overdraft position and that the account was closed on July 22, 1983.
Based on the above, the complaint alleged respondent was guilty of misconduct in that he violated DR 1-102(A)(4) and (6) and DR 9-102(A) of the Code of Professional Responsibility.
A hearing was held before a panel of the board on September 7, 1984. An agreed stipulations of fact and nine joint exhibits were placed in evidence. At the hearing, it was stipulated that respondent had made full restitution with regard to the checks at issue in Count 1 of the complaint. The agreed stipulations also indicate that respondent, on or about April 11, 1984, settled in full the matter involved in Count 2.
Respondent, upon proper request, was granted leave to submit affidavits in mitigation. Respondent submitted his own affidavit relating his financial hardships and recited his full restitution and his determination to avoid repetition of similar activity.
The board found that "[r]espondent's failure properly to pay or deposit the Young settlement proceeds violated DR 9-102(A) and his issuance of checks to Young with insufficient funds on deposit violated DR 1-102(A)(4) and (6)." In addition, the board found respondent violated DR 1-102(A)(4) and (6) and DR 9-102(A) by failing promptly to pay or segregate and deposit in his trust account the funds retained for payment of the medical expenses incurred in the Davis case and by his delay in making such payment.
The board recommended that the respondent be suspended from the practice of law in Ohio for one year. The board also recommended the costs of these proceedings be taxed to respondent.
Mr. Kiehner Johnson and Mr. Donald R. Keller, for relator.
After a careful examination and review of the record in this case, and inasmuch as respondent was properly served but filed no objections to the board's recommendations, this court concurs with the findings and conclusions of the board that respondent violated DR 1-102(A)(4) and (6) and DR 9-102(A) of the Code of Professional Responsibility.
It is the judgment of this court that respondent be suspended from the practice of law for one year.
Judgment accordingly.
CELEBREZZE, C.J., SWEENEY, LOCHER, HOLMES, C. BROWN, DOUGLAS and WRIGHT, JJ., concur.