Opinion

Cincinnati Bar Assn. v. Watson

  • 92 Ohio St. 3d 413
  • 2001 Ohio 1264
Court
Ohio Supreme Court
Filed
Jul 18, 2001
Status
Published
Cited by
2 cases
Authority
More cited than 60.3%

The opinion

[This decision has been published in Ohio Official Reports at 92 Ohio St.3d 413.]

CINCINNATI BAR ASSOCIATION v. WATSON.

[Cite as Cincinnati Bar Assn. v. Watson, 2001-Ohio-1264.]

Attorneys at law—Misconduct—Indefinite suspension—Neglect of several

entrusted legal matters and betrayal of clients’ trust.

(No. 01-369—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. 99-52.

__________________

Per Curiam.

{¶ 1} On March 16, 2000, relator, Cincinnati Bar Association, filed an

amended complaint charging respondent, Martin L. Watson IV of West Chester,

Ohio, Attorney Registration No. 0062359, in eight counts with violations of the

Code of Professional Responsibility arising out of the neglect of several legal

matters entrusted to him. Although a Butler County deputy sheriff personally

served the complaint, respondent failed to answer. Relator’s motion for default was

referred by the Board of Commissioners on Grievances and Discipline (“board”) to

Master Commissioner Harry W. White.

{¶ 2} Based on affidavits attached to the motion for default and a deposition

of respondent on January 5, 2000, the master commissioner made the following

findings. In February 1999, Julia A. Rowlett paid respondent a $675 retainer to file

a personal bankruptcy for her. Thereafter, respondent failed to respond to any of

Rowlett’s inquiries or to her request for a return of the retainer, although he

admitted receiving those requests.

{¶ 3} In November 1998, respondent quoted Kurt and Carol Saile a fee of

$2,200 for a living trust. The Sailes provided respondent with deeds to real estate,

stock certificates, bonds, certificates of title, and limited partnership documents.

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Although the Sailes executed a formal trust document in May 1999, which

respondent retained, they were unable thereafter to contact respondent. After they

informed him that his services were terminated, respondent failed to return their

documents.

{¶ 4} Carole Spurlock paid respondent a $1,000 retainer in two installments

and in June 1999 gave him a car title, a copy of a deed, and other documents, which

were to be transferred to a living trust. When Spurlock was unable to contact

respondent, she stopped payment on one of the retainer checks. Respondent later

met with her about revising some of the living trust documents and returned the car

title but none of the other documents. Respondent then failed to meet with Spurlock

or return any other documents to her.

{¶ 5} In addition, the master commissioner found that after respondent filed

an application in May 1995 in the Hamilton County Probate Court to relieve the

estate of Clarence Hall from administration, he failed to appear for a hearing. No

entry to transfer the estate was filed and the court’s efforts to contact respondent

were unsuccessful. The court dismissed the application in October 1998 for want

of administration. Respondent did not reply to the inquiries of the attorney for the

estate of Nancy Hall or to relator when asked about this matter.

{¶ 6} In April 1998, Douglas Heckman paid respondent a fee of $1,125 to

handle his father’s estate, but respondent did not initiate any proceedings. Although

respondent acknowledged that he received the fee, he had no recollection of the

case.

{¶ 7} In June 1999, Christopher C. Coors paid respondent a $600 retainer

and a deposit for court costs of $250 to handle a marriage dissolution on an

expedited basis. A year later, respondent had still not prepared the separation

agreement and did not respond to Coors’s request for a return of the retainer.

{¶ 8} In January 1998, Dennis Leppert retained respondent to probate the

estate of his father, James P. Leppert. In June 1998, May 1999, and July 1999, the

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January Term, 2001

probate court issued citations to Leppert for failure to file an inventory and

accounts. When confronted with the delay, respondent agreed to waive all fees and

to cover expenses to the estate caused by his delay. He then took a $1,500 fee from

the estate for expenses and filed an estate tax return that must be amended to correct

an error. In August 1999, the state of Ohio assessed penalties with respect to the

estate tax return in the amount of $3,430. Respondent had not provided Dennis

Leppert with an accounting for the estate as of July 2000.

{¶ 9} The master commissioner also found that in January 1999, Juanita

White paid respondent a retainer of $150 to probate the estate of her mother. At

the time, White gave respondent sixteen $300 United States savings bonds and

certain legal documents. Since then, she has been unable to contact respondent or

obtain the return of the bonds or documents.

{¶ 10} In March 1999, D. Christine Walker paid respondent a retainer of

$1,500 to initiate a divorce proceeding. Respondent did not timely respond to

Walker’s requests that he file a court action against her husband who was

threatening her with criminal prosecution. In September 1999, respondent took

possession of two checks totaling $56,000, which represented proceeds from the

sale of Walker’s home. Since then, respondent has failed to communicate with

Walker or return her documents.

{¶ 11} Similarly, after Jerry Eaton paid respondent $1,000 to represent him

in a divorce, respondent made one court appearance on Eaton’s behalf. Thereafter,

Eaton was unable to contact respondent, and his newly retained attorney was unable

to obtain Eaton’s file. No portion of the $1,000 retainer was refunded.

{¶ 12} Except for replies to the Coors and Leppert grievances, respondent

did not reply to the grievances filed against him. Nor did respondent return the

documents or the retainers paid to him. Although respondent did appear for a

deposition, he did not produce the documents requested by relator in a subpoena

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duces tecum and, except for returning some documents to the Sailes, he has not

returned any documents to his former clients.

{¶ 13} The master commissioner concluded that respondent’s conduct

violated DR 2-110(A)(3) (a lawyer who withdraws from representation shall

promptly refund any unearned advance fee), 6-101(A)(3) (a lawyer shall not neglect

an entrusted legal matter), 9-102(B)(4) (a lawyer shall promptly deliver to the client

funds or property to which the client is entitled), 1-102(A)(5) (a lawyer shall not

engage in conduct prejudicial to the administration of justice), 1-102(A)(6) (a

lawyer shall not engage in conduct adversely reflecting on the lawyer’s ability to

practice law), and Gov.Bar R. V(4)(G) (no attorney shall neglect or refuse to assist

or testify in an investigation or hearing). The master commissioner recommended

that the respondent be indefinitely suspended from the practice of law.

{¶ 14} The board adopted the findings, conclusions, and recommendations

of the master commissioner.

{¶ 15} We have carefully reviewed the record in this case and adopt the

findings and conclusions of the board. Respondent’s neglect of his clients and his

betrayal of their trust warrant a substantial penalty. Respondent is hereby

suspended from the practice of law in Ohio for an indefinite period. Costs are taxed

to respondent.

Judgment accordingly.

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

concur.

LUNDBERG STRATTON, J., dissents.

__________________

LUNDBERG STRATTON, J., dissenting.

{¶ 16} I respectfully dissent from the penalty recommended by the board

and adopted by the majority. Respondent’s pattern was so egregious as to amount

to more than mere neglect. His action in accepting retainers from several clients,

4

January Term, 2001

failing to follow through on any of the promised services, and refusing to refund

retainers or client documents when terminated rise to the level of theft. His clients

suffered serious harm. Respondent has not even bothered to respond to the

disciplinary complaint. I believe that he has forfeited his right to practice law in

Ohio. I would therefore disbar the respondent.

__________________

Beth I. Silverman and Ellen Essig, for relator.

__________________

5

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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