Opinion

Lorain Cty. Bar Assn. v. Haynes

  • 88 Ohio St. 3d 164
  • 2000 Ohio 293
Court
Ohio Supreme Court
Filed
Feb 22, 2000
Status
Published
Cited by
0 cases
Authority
More cited than 35.0%

The opinion

[This opinion has been published in Ohio Official Reports at 88 Ohio St.3d 164.]

LORAIN COUNTY BAR ASSOCIATION v. HAYNES.

[Cite as Lorain Cty. Bar Assn. v. Haynes, 2000-Ohio-293.]

Attorneys at law—Misconduct—Public reprimand—Neglect of an entrusted legal

matter.

(No. 99-1889—Submitted December 15, 1999—Decided February 23, 2000.)

ON CERTIFIED REPORT by the Board of Commissioners on Grievances and

Discipline of the Supreme Court, No. 98-86.

__________________

{¶ 1} On December 7, 1998, relator, Lorain County Bar Association, filed

a complaint charging respondent, John S. Haynes of Elyria, Ohio, Attorney

Registration No. 0005772, with one count of violating a Disciplinary Rule and two

counts of violating a Rule for the Government of the Bar. After respondent filed

an answer, the matter was heard by a panel of the Board of Commissioners on

Grievances and Discipline of the Supreme Court (“board”) upon the testimony and

exhibits introduced by the parties.

{¶ 2} The panel found that on December 19, 1996, John Mand retained

respondent to modify a visitation order because Mand’s ex-wife had moved to

Michigan with their child. Respondent quoted Mand a flat fee of $350 plus court

costs to handle the matter, and Mand paid respondent $225 of the quoted fee to

retain him. Respondent then prepared a draft copy of motions, including motions

to modify visitation and child support, and sent them to Mand for his review. On

January 27, 1997, after Mand had approved the draft, respondent filed the motions

in the Lorain County Court of Common Pleas, Domestic Relations Division.

Respondent subsequently talked with Mand’s ex-wife’s attorney, Margaret Kelly,

and they agreed that the case could be settled.

SUPREME COURT OF OHIO

{¶ 3} A hearing on the motions was scheduled for March 19, 1997, but was

continued until July 16, 1997. Respondent never notified Mand of either the March

19 hearing date or that the hearing scheduled for that date had been continued.

Kelly sent respondent a proposed settlement of the case on March 20, 1997.

Respondent did not respond to the proposal.

{¶ 4} After numerous unsuccessful attempts to contact respondent, Mand

met with respondent on April 14, 1997. During the meeting, respondent assured

Mand that he would take care of things and that Mand would be contacted about

the case in a few weeks. When Mand heard nothing from respondent and tried

unsuccessfully to speak with him, Mand advised respondent’s secretary on May 21,

1997, that he wanted to fire him. Respondent then talked to Mand, and Mand

demanded a refund of the $225 retainer. Respondent did not return the retainer,

and Mand later agreed that respondent’s fee for the work he had done was not

excessive. Mand retained another attorney, and the case was eventually resolved.

{¶ 5} The panel concluded that respondent’s conduct in the Mand matter

violated DR 6-101(A)(3) (neglecting an entrusted legal matter). The panel also

concluded that relator had not introduced sufficient evidence to establish the other

charges alleging violations of Gov.Bar R. V(4)(G) (failing to cooperate in a

disciplinary proceeding) by the required clear and convincing evidence.

{¶ 6} In mitigation, respondent submitted letters from a local judge and a

local attorney attesting to respondent’s fine reputation and good character in the

legal community. Relator conceded that respondent was “not a bad lawyer” and

that some of his trouble stemmed from respondent’s being too “good-hearted.” No

other complaints had ever been brought by relator against respondent.

{¶ 7} The panel recommended that respondent be publicly reprimanded.

The board adopted the findings, conclusions, and recommendation of the panel.

__________________

Cook & Batista Co., L.P.A., and Daniel A. Cook, for relator.

2

January Term, 2000

Kegler, Brown, Hill & Ritter, Geoffrey Stern and Christopher J. Weber, for

respondent.

__________________

Per Curiam.

{¶ 8} We adopt the findings, conclusions, and recommendation of the

board. Given respondent’s solitary act of neglect in an otherwise unblemished legal

career and the lack of financial harm to his client, a public reprimand is warranted.

See Lake Cty. Bar Assn. v. Smith (1999), 85 Ohio St.3d 402, 709 N.E.2d 116;

Cleveland Bar Assn. v. Kates (1997), 78 Ohio St.3d 69, 676 N.E.2d 512; Stark Cty.

Bar Assn. v. Tscholl (1991), 57 Ohio St.3d 211, 567 N.E.2d 265. Respondent is

hereby publicly reprimanded. Costs taxed to respondent.

Judgment accordingly.

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

LUNDBERG STRATTON, JJ., concur.

__________________

3

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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