Opinion

Lorain Cty. Bar Assn. v. Motsch

  • 1993 Ohio 83
Court
Ohio Supreme Court
Filed
Mar 16, 1993
Status
Published
Cited by
0 cases

The opinion

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Lorain County Bar Association v. Motsch.

[Cite as Lorain Cty. Bar Assn. v. Motsch (1993), Ohio

St.3d .]

Attorneys at law -- Misconduct -- Six-month suspension stayed

with conditions -- Neglect of an entrusted legal matter --

Failure to carry out a contract of employment -- Conduct

involving dishonesty, deceit or misrepresentation --

Neglecting or refusing to assist a grievance committee

investigation.

(No. 92-2164 -- Submitted January 6, 1993 -- Decided March

17, 1993.)

On Certified Report by the Board of Commissioners on

Grievances and Discipline of the Supreme Court, No. 91-07.

In an amended complaint filed on March 19, 1992, relator,

Lorain County Bar Association, charged respondent, Barry B.

Motsch, Attorney Registration No. 0039535, with violations of

DR 6-101(A)(3) (neglect of an entrusted legal matter),

7-101(A)(2) (failure to carry out a contract of employment),

1-102(A)(4) (conduct involving dishonesty, deceit, or

misrepresentation), and former Gov.Bar R. V(5)(a) (now V[4][G])

(neglecting or refusing to assist a grievance committee

investigation). Respondent admitted the violations by

stipulating to them at a hearing before a panel of the Board of

Commissioners on Grievances and Discipline of the Supreme Court

held on August 13, 1992.

Relator was employed, individually, by Patricia LaBella,

Linda Brown, Vicki Stipe, Clecy Joe Casteel, and Ted Vanche to

represent each one in separate domestic relations matters. In

each case, respondent repeatedly lied to each client when he

advised each one that he had initiated proceedings when he had

not. Further, he repeatedly lied to each client when he

advised each one that the client's case was set for hearing

when it was not and repeatedly advised each client that the

hearing in each matter had been continued when it had not been.

As to the LaBella and Brown complaints, respondent, at the

request of relator, promised to respond in writing to their

complaints. However, he did not.

The panel found violations of the above Disciplinary Rules

and bar governing rule. The panel recommended that we suspend

respondent for six months. However, in light of respondent's

effective and meritorious service as an attorney for his public

employer before his entry into private practice and since his

return to public employment, it further recommended staying the

suspension, with the stay to continue if, within three years

following August 13, 1992, the date of respondent's hearing,

respondent (1) refrains from private practice; (2) completes,

and provides proof of completion of, at least six hours of

continuing legal education on practice management in addition

to his mandatory continuing legal education; and (3) refunds

$100 to Stipe. The board adopted the panel's findings of fact,

conclusions of law, and recommendation.

Savoy, Bilancini, Flanagan & Kenneally and Darrel A.

Bilancini, for relator.

Charles F. Adams, for respondent.

Per Curiam. We agree with the board's findings and

recommendation. Accordingly, we suspend respondent from the

practice of law for a period of six months, but stay the

suspension, with the stay to continue if, within three years

from August 13, 1992, respondent (1) refrains from private

practice; (2) completes, and provides proof of completion of,

at least six hours of continuing legal education on practice

management in addition to his mandatory continuing legal

education; and (3) refunds $100 to Stipe. Costs taxed to

respondent.

Judgment accordingly.

Moyer, C.J., A.W. Sweeney, Douglas, Wright, Resnick, F.E.

Sweeney and Pfeifer, JJ., concur.

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