Opinion
D.D. No. 84-24
Decided December 26, 1984.
Attorneys at law — Misconduct — One-year suspension — Failure to promptly pay over client monies upon request — Neglect of legal matter.
ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Bar.
This is a disciplinary action brought by relator, the Akron Bar Association, against the respondent, Donald L. Walker. The complaint alleges various violations of the Disciplinary Rules in connection with respondent's representation of a client, Dorothea Fullum, and his response to subsequent inquiries by relator upon the complaints of Fullum.
The evidence presented established that in October 1981 respondent was retained by Fullum to act as escrow agent for her proposed lease of a tavern and transfer of a liquor license. Respondent was retained to handle the transfer of purchase monies and liquor license. On December 11, 1981, Fullum gave respondent $7,570 to hold in escrow, to be released at closing of the sale. In January 1982, respondent paid $550 in fees towards effectuation of the liquor license transfer.
In January 1982, the relationship between Fullum and respondent began to deteriorate. As a result, during February and March 1982, Fullum attempted to have the escrowed funds returned to her. These efforts proved unsuccessful, and Fullum thereafter retained another attorney, William L. Curtice, to retrieve the funds.
Sometime prior to April 1, 1982, the Department of Liquor Control informed the parties to the sale that the liquor license transfer deadline would be May 1, 1982.
Curtice's efforts to retrieve the funds from respondent also proved unsuccessful, and a complaint was filed with relator. Upon receiving a copy of the complaint, respondent sent Curtice two checks to cover the balance of the escrowed funds. The first check was a cashier's check for $4,500; the second was a personal check for $2,520. Several days after the checks were deposited, the personal check was returned for insufficient funds. Attempts made to contact respondent failed, as he had left town. Respondent remained out of town until some time after May 1, 1982.
Fullum was forced to borrow funds in order to complete the sale prior to the May 1 deadline. Respondent eventually reimbursed Fullum.
Relator initiated investigation of the matter in late April 1982. Respondent failed to reply to initial inquiries, and the matter was set for meetings with relator's grievance committee. Respondent did not attend two of these meetings, and otherwise failed to fully cooperate with the investigation. This complaint was subsequently filed.
Following a hearing, the Board of Commissioners on Grievances and Discipline found that respondent's conduct was in violation of DR 9-102(B)(4), in that respondent failed to promptly pay over client monies upon request, and DR 6-101(A)(3), in neglecting a legal matter entrusted to him. The board also found a violation of DR 1-102(A)(5), in that respondent had engaged in conduct prejudicial to the administration of justice. The board recommended that respondent be suspended from the practice of law for a period of one year.
Mr. Fred E. Eastman, Mr. Stephen D. Hardesty and Ms. Sharon B. Sutton, for relator.
Edward L. Gilbert Co., L.P.A., and Mr. Edward L. Gilbert, for respondent.
Upon a review of the record, we find that respondent has violated all three Disciplinary Rules cited by the board of commissioners. We find further that such conduct warrants more than a mere public reprimand.
Therefore, the court hereby suspends the respondent, Donald L. Walker, 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.