Opinion
D.D. No. 76-16
Decided April 13, 1977.
Attorneys at law — Misconduct — Disbarment — Acts warranting.
ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline.
Respondent, Henry S. Willard, is a member of the Ohio Bar and has been engaged in private practice in and around Jackson County.
Relator, Ohio State Bar Association, filed a complaint with the Board of Commissioners on Grievances and Discipline that alleges, in 21 counts, in essence that respondent has failed and neglected to properly represent or administer a large number of probate matters in which he has been appointed as either fiduciary or attorney; that respondent has commingled funds entrusted to him as attorney or fiduciary; that respondent has failed to account for or properly apply funds belonging to estates which he has been handling; that respondent has followed a consistent practice over a five-year period of issuing checks on his personal attorney's account which were dishonored because of insufficient funds; and that respondent has generally neglected his duties as an attorney to his clients and to the estates over which he was a fiduciary.
Respondent filed no answers to these charges, although an extension of time for filing an answer was granted which has since expired.
Respondent was not present nor was he represented by counsel at the hearing conducted by the board. Both a representative for relator and the Sheriff of Jackson County attempted to find respondent to make personal service upon him but were unsuccessful. At the hearing, it was established that respondent had continued to maintain his residence in Jackson County and had been present on numerous occasions during the period of time since the notice of hearing was issued and attempted to be delivered.
The evidence presented at the hearing consisted of records of the Probate Court and the testimony of the probate judge; bank records: the testimony of a number of persons directly involved in matters where respondent was either fiduciary or attorney; and two assistant district attorneys who had brought charges against respondent in connection with funds claimed by the public welfare department and the mayor of Wellston, where respondent had acted as solicitor.
The board concluded that the charges of the complaint were supported in every particular. Specific instances of commingling and personal usage of estate funds were documented. It was established that respondent had issued several hundred bad checks and had failed to complete 32 probate matters entrusted to him.
The board concluded that respondent's disregard for these proceedings and his failure to respond was symptomatic of his entire attitude toward legal and fiscal affairs. The board noted that respondent did address several handwritten notes to the secretary of the board that suggested physical illness as an excuse and, further, promised to rectify some of the existing problems. However, the notes never contained a sufficient return address and, in the opinion of the board, did not constitute a sufficient response to the serious charges at issue.
The board unanimously concluded that respondent violated DR 1-102(A)(4), (5) and (6), DR 6-101(A)(3), DR 7-101(A)(2) and (3), DR 9-102(A) and (B) of the Code of Professional Responsibility, and Canons 11, 29 and 32 of the Code of Professional Ethics, then in effect, and recommended that respondent be permanently disbarred from the practice of law.
Mr. John R. Welch, Mr. Albert L. Bell, Mr. Ralph W. Phillips and Mr. Frank DeFrancis, for relator.
Respondent was neither present nor represented by counsel.
Upon review of the hearing by the board, we find that the charges against respondent were accurate and substantiated. Respondent's conduct and subsequent disregard for these proceedings reflect most unfavorably upon the entire legal profession.
We accept the board's recommendation, and respondent is permanently disbarred from the practice of law.
Judgment accordingly.
HERBERT, CELEBREZZE, W. BROWN, P. BROWN, SWEENEY and LOCHER, JJ., concur.
O'NEILL, C.J., not participating.