Opinion
D.D. No. 80-21
Decided May 20, 1981.
Attorneys at law — Misconduct — One-year suspension — Acts warranting.
ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline.
This cause arises from an amended complaint filed February 26, 1980, with the Board of Commissioners on Grievances and Discipline by the relator, Mahoning County Bar Association, charging respondent, John T. Walsh, with violation of DR 6-101(A)(2) and (A)(3) and DR 7-101(A)(2) of the Code of Professional Responsibility. All such violations arose out of respondent's handling of a divorce action he instituted on behalf of Willie J. Spann, Jr.
On November 17, 1976, Walsh received partial payment of his counsel fees from Spann in the amount of $188. After personal service of summons and the complaint on Spann's wife on February 4, 1977, the case was scheduled for trial on October 17, 1977. Walsh failed to inform his client of the trial date and he did not appear for the trial. The case was dismissed. Walsh failed to disclose this dismissal of the case to Spann. Later, Walsh collected an additional $200 from Spann as payment in full for legal services in the divorce action.
In February 1979, Spann through his own efforts learned that his divorce action had been dismissed in 1977, and by letter effectively terminated the services of Walsh. Walsh refused to refund to Spann all the legal fees paid, and thereafter without authority filed a second divorce complaint for Spann. Other counsel obtained a divorce for Spann on February 19, 1980.
The board concluded John T. Walsh was guilty of misconduct in violation of DR 6-101(A)(3) and DR 7-101(A)(2), since he failed to diligently prosecute the divorce action for Spann. The board recommended a public reprimand for Walsh.
Mr. John DeFazio, for relator.
Upon examination and review of the record in this cause, we concur in the finding of the board that Walsh violated DR 6-101(A)(3) and DR 7-101(A)(2), but we are unable to concur in the sanction recommended by the board. A more severe sanction than public reprimand is warranted. It is ordered that John T. Walsh be suspended from the practice of law for a period of one year.
Judgment accordingly.
CELEBREZZE, C.J., W. BROWN, STRAUSBAUGH, SWEENEY, LOCHER, HOLMES and C. BROWN, JJ., concur.
STRAUSBAUGH, J., of the Tenth Appellate District, sitting for P. BROWN, J.