Opinion

Toledo Bar Assn. v. Dewey

  • 92 Ohio St. 3d 419
  • 2001 Ohio 202
Court
Ohio Supreme Court
Filed
Jul 18, 2001
Status
Published
Cited by
2 cases
Authority
More cited than 69.0%

The opinion

[This decision has been published in Ohio Official Reports at 92 Ohio St.3d 419.]

TOLEDO BAR ASSOCIATION v. DEWEY.

[Cite as Toledo Bar Assn. v. Dewey, 2001-Ohio-202.]

Attorneys at law—Misconduct—Public reprimand—Communicating on the

subject of representation with a party known to be represented by another

lawyer.

(No. 01-371—Submitted April 2, 2001—Decided July 18, 2001.)

ON CERTIFIED REPORT by the Board of Commissioners on Grievances and

Discipline of the Supreme Court, No. 00-43.

__________________

Per Curiam.

{¶ 1} On June 5, 2000, relator, Toledo Bar Association, filed a complaint

charging that respondent, Ronald D. Dewey of Toledo, Ohio, Attorney Registration

No. 0061193, violated DR 7-104(A)(1) (while representing a client, a lawyer shall

not communicate on the subject of the representation with a party known to be

represented by another lawyer). Respondent failed to answer, and the Board of

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

referred the matter to Master Commissioner Harry W. White to rule on relator’s

motion for default.

{¶ 2} Based on affidavits attached to relator’s motion and an April 2000

show cause hearing, the master commissioner found that in March 1999, respondent

represented a land-contract vendee in default on her payments who had arranged

for a loan to discharge the balance owed to the vendors. To conclude the loan to

the vendee, the mortgage lender required that the land-contract vendors sign certain

documents. Respondent knew that the vendors were represented by counsel.

Discovering that the land-contract vendors’ attorney was out of town, respondent

telephoned the vendors and demanded that they execute the necessary documents

SUPREME COURT OF OHIO

for the mortgage company or he would sue the vendors on behalf of his client for

thousands of dollars. The mortgage company had threatened to cancel the loan

commitment unless the documents were executed on that day. Ultimately, the

transaction was effected.

{¶ 3} Although he did not file a responsive pleading to the complaint, at the

April show-cause hearing respondent claimed that the vendors wanted to recover

the property and therefore did not want the default cured. He further suggested that

this grievance was filed with the Toledo Bar Association in retaliation. Respondent

denied that he spoke with the vendors.

{¶ 4} The master commissioner found the facts as pleaded and concluded

that because respondent had contacted a party who he knew was represented by

counsel, he violated the Disciplinary Rule as charged. The master commissioner

recommended that respondent receive a public reprimand. The board adopted the

findings, conclusion, and recommendation of the master commissioner.

{¶ 5} On review of the record, we adopt the findings, conclusion, and

recommendation of the board. Respondent is hereby publicly reprimanded. Costs

are taxed to respondent.

Judgment accordingly.

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

LUNDBERG STRATTON, JJ., concur.

__________________

Catherine G. Hoolahan and William C. Eickholt, for relator.

__________________

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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