Opinion
D.D. No. 84-12
Decided December 19, 1984.
Attorneys at law — Misconduct — Permanent disbarment — Conversion of client's funds — Neglect of legal matters.
ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Bar.
The Columbus Bar Association, relator herein, filed a seven-count complaint with the Board of Commissioners on Grievances and Discipline against respondent, Ernest L. Bryant.
In Count One, it was alleged that respondent converted to his own use and benefit monies of Lucille Westall ( i.e., $22,552.08) without permission and that he encumbered $24,000 of her money as collateral for a personal loan without her consent. It was further alleged that in an effort to avoid return of the monies due Lucille Westall, by virtue of a judgment entry, respondent has sought protection under the bankruptcy laws, thus frustrating any obligation to return any monies.
Counts Two, Three, Four, Five and Six involve respondent's representation of Joseph Perry in four separate matters. In Count Two, relator alleged that respondent failed to file an answer on Perry's behalf and failed to notify Perry that a default judgment had resultantly been entered against him. Count Three alleges that while respondent took $450 in fees and $97 for reports for the filing of a rezoning application, no application was ever filed. Respondent, in Count Four, is alleged to have been dilatory in his defense of Perry in a pending lawsuit, resulting in sanctions being filed against Perry for failure to cooperate with discovery requests of plaintiff. It is alleged in Counts Five and Six that while Perry paid respondent a total of $140 to pursue two separate collection matters, respondent failed to file any action and did not refund the money.
Finally, respondent is charged in Count Seven with failing to cooperate with the investigative process.
Based on the above, the complaint alleged respondent was guilty of misconduct as defined in Gov. Bar R. V, in that he violated the following: DR 1-102(A)(1), (4) and (6); DR 5-105(A); DR 6-101(A)(3); DR 6-102(A); DR 9-102(A)(1) and (2); DR 9-102(B)(1), (3) and (4); and DR 2-110(A)(3), of the Code of Professional Responsibility.
A hearing was held on February 21, 1984. The board of commissioners in its findings of fact first noted that respondent had failed to answer the complaint and respond to notices of depositions and subpoenae duces tecum. Respondent represented himself and presented no witnesses.
The board then concluded that "* * * Respondent's entire testimony * * * [was] a fabrication and that Relator had substantiated each and every violation alleged in the Complaint except for DR 2-110(A)(3) and DR 9-102(B)(4)" which were dismissed.
The board agreed with relator and recommended permanent disbarment.
Messrs. Ward, Kaps, Bainbridge, Maurer, Bloomfield Melvin, Mr. David S. Bloomfield, Messrs. Thompson, Hine Flory, Mr. Michael A. Poe and Mr. Christopher J. Kempf, for relator.
Mr. Ernest L. Bryant, pro se.
After a careful examination and review of the record in this cause, this court concurs with the findings and conclusions of the board that respondent violated DR 1-102(A)(1), (4) and (6), DR 5-105(A); DR 6-101(A)(3); DR 6-102(A); DR 9-102(A)(1) and (2); and DR 9-102(B)(1) and (3).
It is the judgment of this court that respondent be permanently disbarred from the practice of law.
Judgment accordingly.
CELEBREZZE, C.J., W. BROWN, SWEENEY, LOCHER, HOLMES, C. BROWN and J.P. CELEBREZZE, JJ., concur.