Summary
disbarring an attorney who turned over his bankruptcy practice to his brother, who was not a lawyer
Summary of this case from Cleveland Metro. Bar Ass'n v. AxnerOpinion
D.D. No. 75-13
Decided March 17, 1976.
Attorneys at law — Misconduct — Acts warranting disbarment.
ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline.
Respondent, Lyn C. George, in answer to the three alleged charges of misconduct filed by relator, testified as follows:
Charge No. 1. In May 1974, he was deeply in debt with numerous creditors, and, in an endeavor to satisfy their demands, he took about $5,000 which was left from a forced sale of securities and went to Las Vegas. He had to win the $36,000 needed to satisfy his creditors. He lost his money at Las Vegas, and decided to file personal bankruptcy proceedings in Arizona. He now admits that on the affidavits and exhibits in the bankruptcy proceedings:
1. He swore falsely to residence and domicile.
2. He swore falsely that he had made no gifts.
3. He swore falsely regarding office inventory.
4. He swore falsely that he had made no transfer, when, in fact, he had sold assets for value.
5. He swore falsely that he did not have accounts receivable.
6. He swore falsely that a life insurance policy with a then cash value of approximately $1,100 had no value.
Charge No. 2. Mr. George testified that, during the time he was away in 1974, he left his office in the care, custody, and control of his brother, a non-lawyer, who had been instructed by respondent to receive clients, prepare work sheets, accept fees and costs, and refer clients to other lawyers and split fees.
Charge No. 3. A Mrs. Loretta I. Wilson, executrix of the estate of her father, met with respondent to inquire as to what would be needed to settle the estate. She informed respondent that the only real estate left by her father was his joint and survivorship interest in the family home. Mr. George informed Mrs. Wilson that estate proceedings would have to be instituted to transfer the decedent's interest to Mrs. Wilson's mother. Respondent told her that his fee would be an estimated $700 to handle the estate.
Respondent had collected from Mrs. Wilson $100 for Probate Court costs and $100 toward attorney fees. Upon further inquiry, Mrs. Wilson learned that an estate proceeding was not necessary to transfer title to her mother. She notified respondent and discharged him. Mrs. Wilson's husband stopped payment on the two checks. Respondent sent a "Notice of Court Action to Collect Debt" addressed to the Wilsons claiming they owed him $200,000 for which a judgment would be obtained against them. Respondent then sued the decedent's widow for $225. This suit is pending.
The board found that respondent violated DR 1-102(A) (4), (5) and (6), DR 2-107, DR 3-101, DR 3-102, and DR 3-103 of the Code of Professional Responsibility and is, therefore, guilty of misconduct within the meaning of Gov. R. V(5) (a). The board recommended that respondent be indefinitely suspended from the practice of law.
Messrs. Helling, Jones Werren and Mr. John Werren, for relator.
Mr. Donald C. Steiner, for respondent.
From an anlaysis of the evidence, this court agrees that the record amply supports the findings of the board that respondent has violated DR 1-102(A) (4), (5) and (6), DR 2-107, DR 3-101, DR 3-102, and DR 3-103 of the Code of Professional Responsibility.
The foregoing violations, individually and collectively, constitute misconduct as defined in Gov. R. V (5) (a).
We come now to the recommendation of the board that respondent be indefinitely suspended from the practice of law.
We find that respondent's conduct showed he was dishonest, fraudulent, deceitful, and that he misrepresented material facts in the proceedings involving his bankruptcy and in his dealings with the Wilsons; that such conduct was prejudicial to the administration of justice; and that such conduct reflects on his fitness to practice law.
We further find that he aided a non-lawyer, his brother, in the unauthorized practice of law.
In view of the foregoing, it is the judgment of this court, pursuant to Gov. R. V(6) (a), that respondent, Lyn C. George, be permanently disbarred from the practice of law.
Judgment accordingly.
O'NEILL, C.J., HERBERT, CORRIGAN, STERN, CELEBREZZE, W. BROWN and P. BROWN,, JJ., concur.