Opinion
No. 90-453
Submitted April 17, 1990 —
Decided August 22, 1990.
Attorneys at law — Misconduct — Indefinite suspension — Failing to properly withdraw from employment and refund any unearned fee — Neglecting an entrusted legal matter — Failing to carry out a contract for employment and causing client damage or prejudice — Failing to promptly return client's property — Failing to cooperate in investigation of misconduct.
ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 89-11.
In a complaint filed on April 12, 1989, relator, Office of Disciplinary Counsel, charged respondent, Nancy L. Leibold, with misconduct involving violations of DR 2-110(A)(2) and (3) (failing to properly withdraw from employment and refund any unearned fee), 6-101(A)(3) (neglecting an entrusted legal matter), 7-101(A)(2) and (3) (failing to carry out a contract of employment and causing client damage or prejudice), and 9-102(B)(4) (failing to promptly return client's property in attorney's possession). The complaint also charged that respondent had failed to cooperate in relator's investigation, a violation of Gov. Bar R. V(5)(a). Respondent was served the complaint at a California address. When she did not answer or otherwise respond, relator filed a motion for default pursuant to Gov. Bar R. V(13).
Evidence submitted in support of the motion for default established that Mr. and Mrs. Kenneth Calogar retained respondent in or about the fall of 1986 to file bankruptcy for them. The Calogars paid respondent at least $500 and gave her certain documents necessary for the bankruptcy claim. Respondent did not file the Calogars' bankruptcy case and their creditors have since filed claims against them. In 1988, respondent apparently moved to California without advising the Calogars of this move or returning their papers.
Evidence also established that Sarah R. Messina retained respondent in or about 1985 to represent her in a personal injury claim. Respondent apparently did nothing in Messina's case. Messina later retained other counsel, who requested that respondent forward Messina's file. Respondent did not provide the file to Messina, although she represented to Messina's new attorney that it would be delivered.
The record further substantiates that respondent made little or no effort to cooperate with relator during its investigation, and that she no longer lives in Ohio.
Based on the foregoing, the panel granted relator's motion for default. The panel recommended that respondent be suspended from the practice of law for one year, and that she also be ordered to repay all unearned fees to the Calogars. In adopting the panel's report, however, the board considered respondent's failure to cooperate significant enough to warrant the sanction proposed by relator, an indefinite suspension.
J. Warren Bettis, disciplinary counsel, and Charles T. Brown, for relator.
Having thoroughly reviewed the record, we find sufficient evidence from which to conclude that respondent violated each of the Disciplinary Rules cited in the complaint. Moreover, we agree with the board's recommendation. Therefore, respondent is ordered indefinitely suspended from the practice of law in Ohio. Costs taxed to respondent.
Judgment accordingly.
MOYER, C.J., SWEENEY, HOLMES, DOUGLAS, WRIGHT, H. BROWN and RESNICK, JJ., concur.