Summary
referring to a violation of R.C. 4505.19(C) as a fourth-degree felony
Summary of this case from State v. CottonOpinion
D.D. No. 84-20
Decided December 31, 1984.
Attorneys at law — Misconduct — One-year suspension — Conversion of trust account funds — Failure to maintain identity of clients' funds.
ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Bar.
The Office of Disciplinary Counsel, relator, commenced the instant disciplinary proceeding charging respondent, Christian Dean Rothermel, with violations of DR 1-102(A)(3), (4), (5) and (6), DR 1-103(A), DR 6-101(A)(3), DR 7-101(A), and DR 9-102(A) and (B) of the Code of Professional Responsibility. A hearing was held before a three-member panel of the Board of Commissioners on Grievances and Discipline ("board") on May 18, 1984.
The facts surrounding the charges against respondent are as follows. Respondent was retained by Audie and Linda Staton to represent the Statons in a bankruptcy action. During the course of the bankruptcy proceeding, the proceeds from the sale of the Statons' residence were deposited in respondent's trust account. Certain disbursements were made from the account on the Statons' behalf with the remainder, approximately $6,314.15, to be paid to the Statons' creditors, the trustee in bankruptcy, and the balance, if any, to the Statons.
Respondent failed to make payments to the trustee in bankruptcy which resulted in the dismissal of the Statons' bankruptcy action. In addition, the balance of respondent's account fell below the amount the account should have contained to cover the funds belonging to the Statons. The record indicates that the withdrawals by respondent which caused the account to fall below the necessary balance were made for respondent's benefit and not for the Statons'.
The Statons subsequently retained counsel who negotiated a settlement with respondent whereby respondent paid $4,000 to the Statons. As a consequence, the Statons lost approximately $650, including the attorney fees incurred, to conclude their dealings with respondent and terminate the bankruptcy proceeding.
Respondent was also charged with a number of disciplinary rule violations arising from the sale of an automobile without a certificate of title. Respondent was indicted for a violation of R.C. 4505.19(C) which prohibits the sale of a motor vehicle without a certificate of title and is a felony of the fourth degree. Respondent subsequently pled no contest to a misdemeanor, was found guilty, and fined $100. The board found that, in light of the circumstances surrounding the sale of the vehicle, respondent's conduct did not amount to a violation of the Code of Professional Responsibility. Relator has not objected to any aspect of the board's report. As such, we adopt the board's finding in this regard.
The board found that respondent violated DR 1-102(A)(6) by converting trust account funds to his own use, DR 6-101(A)(3) by failing to disburse funds held on behalf of a client, and DR 9-102(A) by failing to maintain the identity of a client's funds in a trust account. The board rejected relator's recommendation that respondent be permanently disbarred and recommended that respondent be suspended for one year. Respondent filed no objection to the board's recommendation.
Mr. Angelo J. Gagliardo, disciplinary counsel, and Mr. Mark H. Aultman, for relator.
Mr. Christian Dean Rothermel, pro se.
Inasmuch as respondent has filed no objections to the board's recommendations, we agree that the appropriate sanction for respondent is a one-year suspension.
Accordingly, we adopt the findings and recommendations of the board and hereby suspend respondent from the practice of law for a period of one year.
Judgment accordingly.
CELEBREZZE, C.J., W. BROWN, SWEENEY, LOCHER, HOLMES, C. BROWN and J.P. CELEBREZZE, JJ., concur.