Opinion

Cleveland Bar Assn. v. Johnson

  • 81 Ohio St. 3d 74
  • 1998 Ohio 645
Court
Ohio Supreme Court
Filed
Feb 17, 1998
Status
Published
Cited by
0 cases

The opinion

[This opinion has been published in Ohio Official Reports at 81 Ohio St.3d 74.]

CLEVELAND BAR ASSOCIATION v. JOHNSON.

[Cite as Cleveland Bar Assn. v. Johnson, 1998-Ohio-645.]

Attorneys at law—Misconduct—Indefinite suspension—Neglecting an entrusted

legal matter—Neglecting or refusing to assist in disciplinary investigation.

(No. 97-1755—Submitted October 7, 1997—Decided February 18, 1998.)

ON CERTIFIED REPORT by the Board of Commissioners on Grievances and

Discipline of the Supreme Court, No. 96-62.

__________________

{¶ 1} On August 12, 1996, relator, Cleveland Bar Association, filed a

complaint alleging in Count One that in December 1993, Alan G. Hardin retained

respondent, Mitchell L. Johnson of Cleveland, Ohio, Attorney Registration No.

0058430, to file a lawsuit against GPV Performance, Inc. The complaint further

alleged that after respondent filed the suit in September 1994, he failed to appear at

three successive pretrial conferences. As a result, the defendant moved for

dismissal, and Hardin’s case was dismissed without prejudice. The complaint

further alleged that respondent did not inform Hardin that the case was dismissed.

{¶ 2} In Count Two, the relator alleged that respondent failed to respond to

numerous attempts by relator to contact him by mail and certified mail about the

Hardin matter.

{¶ 3} In Count Three of its complaint, the relator alleged that in May 1994,

Lonnie and Janis Turner hired respondent to defend a lawsuit against them by Ernst

& Dowling in the common pleas court. Respondent failed to file a timely answer

on behalf of the Turners and failed to respond both to the plaintiff’s motion for a

summary judgment and its motion for default judgment. Prior to the scheduled

hearing on the motion for default judgment, the court granted summary judgment

for the plaintiff and against the Turners in the amount of $9,046.10.

SUPREME COURT OF OHIO

{¶ 4} The relator alleged in Count Four of the complaint that respondent

failed to respond to numerous attempts by relator to contact him by mail and

certified mail about the Turner matter.

{¶ 5} Respondent failed to answer or otherwise plead to the complaint and

relator filed a motion for default. The matter came before a panel of the Board of

Commissioners on Grievances and Discipline of the Supreme Court (“board”),

which found that the respondent was provided with adequate notice of the

proceedings and an opportunity to plead or appear. The panel found the facts as

alleged and concluded that with respect to Counts One and Three, respondent

violated DR 6-101 (neglecting an entrusted legal matter) and, with respect to

Counts Two and Four, respondent violated Gov.Bar R. V(4)(G) (neglecting or

refusing to assist in an investigation). The panel recommended that respondent be

indefinitely suspended from the practice of law. The board adopted the findings,

conclusions, and recommendation of the panel.

__________________

Joseph G. Schneider and Erica L. Eversman, for relator.

__________________

Per Curiam.

{¶ 6} We agree with the findings, conclusions, and recommendation of the

board. Respondent is hereby indefinitely suspended from the practice of law in

Ohio. Costs taxed to respondent.

Judgment accordingly.

MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and

LUNDBERG STRATTON, JJ., concur.

__________________

2

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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