Opinion

Disciplinary Counsel v. Brown

  • 84 Ohio St. 3d 1
  • 1998 Ohio 303
Court
Ohio Supreme Court
Filed
Nov 9, 1998
Status
Published
Cited by
0 cases
Authority
More cited than 34.9%

The opinion

[This opinion has been published in Ohio Official Reports at 84 Ohio St.3d 1.]

OFFICE OF DISCIPLINARY COUNSEL v. BROWN.

[Cite as Disciplinary Counsel v. Brown, 1998-Ohio-303.]

Attorneys at law—Misconduct—Indefinite suspension—Failing to comply with

orders of Supreme Court from prior disciplinary suspension—Continuing

to practice law while suspended.

(No. 98-399—Submitted July 8, 1998—Decided November 10, 1998.)

ON CERTIFIED REPORT by the Board of Commissioners on Grievances and

Discipline of the Supreme Court, No. 96-104.

__________________

{¶ 1} In May 1985, we suspended respondent, Paul Raymond Brown of

Columbus, Ohio, Attorney Registration No. 0037693, from the practice of law for

one year. Columbus Bar Assn. v. Brown (1985), 16 Ohio St.3d 29, 16 OBR 409,

476 N.E.2d 654. In August 1995, we fined respondent $340 and suspended him

from the practice of law for failure to comply with the continuing legal education

requirements of Gov.Bar R. X for the 1992-1993 reporting period. That order

required respondent to notify all of his clients of his suspension, to deliver to his

clients all of their papers and property that he might have in his possession, to

refund to his clients any unearned fees, to give notice of his disqualification to

opposing counsel in all his pending cases and to all courts and agencies where he

was involved in pending litigation, to accomplish all these actions by certified mail

where appropriate, to maintain a record of all these actions, and to file an affidavit

with the Clerk of this court and Disciplinary Counsel indicating that all of these

actions had been accomplished.

{¶ 2} In September 1995, respondent filed an affidavit with the Clerk of the

Supreme Court, representing that he had “complied with the order of the Court

within the case.” The affidavit was accompanied by twenty-one undated certified

SUPREME COURT OF OHIO

mail receipts, indicating that these were the only notices required by the order. In

December 1995, we ordered that respondent be reinstated to the practice of law. In

re Report of the Comm. on Continuing Legal Edn. (Paul Raymond Brown) (1995),

74 Ohio St.3d 1487, 658 N.E.2d 305.

{¶ 3} However, relator, Office of Disciplinary Counsel, investigated and

found that respondent failed to notify all of his clients of his suspension and failed

to accomplish any of the other actions required by our August 1995 order.

Moreover, during the period he was suspended from the practice of law, respondent

continued to represent seven clients in the common pleas court and ten clients in

the municipal court. In addition, for four of the five biennia from 1987 through

1997, respondent failed to register timely with the Clerk of the Supreme Court as

required by Gov.Bar R. VI(1)(A).

{¶ 4} On December 9, 1996, relator filed a complaint charging that

respondent’s conduct violated DR 1-102(A)(5) (engaging in conduct prejudicial to

the administration of justice), 1-102(A)(6) (engaging in conduct that adversely

reflects upon the attorney’s fitness to practice law), and 3-101(B) (practicing in a

jurisdiction where to do so would be in violation of the regulations of the profession

in that jurisdiction). Relator also charged that respondent’s failure to file timely

Certificates of Registration was a violation of Gov.Bar R. VI(1) and (3). The matter

was heard by a panel of the Board of Commissioners on Grievances and Discipline

of the Supreme Court (“board”).

{¶ 5} The panel received the stipulations of the parties and held a hearing

at which respondent submitted evidence that his failure to comply with the orders

of this court was a result of his partial dependence upon alcohol. Respondent also

submitted evidence that he had entered the Ohio Lawyers Assistance Program

(“OLAP”) in July 1997 and is currently in compliance with his contract and in good

standing with OLAP. The panel found the facts as stipulated and concluded that

respondent had violated the Disciplinary Rules as charged and had engaged in the

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January Term, 1998

unauthorized practice of law in violation of Gov.Bar R. VII. In view of

respondent’s attempts at rehabilitation, the panel recommended that respondent be

suspended from the practice of law for two years with the second year of the

suspension stayed. The board accepted the findings and conclusions of the panel,

but due to respondent’s prior disciplinary suspension and his continued practice

while suspended, recommended that respondent be indefinitely suspended from the

practice of law. It further recommended that evidence of OLAP compliance be a

condition to his reinstatement to the practice of law.

__________________

Jonathan E. Coughlan, Disciplinary Counsel, Kevin L. Williams and Lori J.

Brown, Assistant Disciplinary Counsel, for relator.

James J. Chester, for respondent.

__________________

Per Curiam.

{¶ 6} We adopt the findings of the board and its conclusions that respondent

violated the Disciplinary Rules as charged. Respondent is hereby indefinitely

suspended from the practice of law. A condition of respondent’s possible

reinstatement will be evidence of compliance with his contract with OLAP. Costs

are taxed to respondent.

Judgment accordingly.

MOYER, C.J., RESNICK, COOK and LUNDBERG STRATTON, JJ., concur.

DOUGLAS, F.E. SWEENEY and PFEIFER, JJ., would suspend respondent for

two years with one year stayed.

__________________

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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