Opinion

Disciplinary Counsel v. Willis

  • 96 Ohio St. 3d 142
  • 2002 Ohio 3614
Court
Ohio Supreme Court
Filed
Jul 31, 2002
Status
Published
Cited by
4 cases
Authority
More cited than 73.1%

The opinion

[This decision has been published in Ohio Official Reports at 96 Ohio St.3d 142.]

OFFICE OF DISCIPLINARY COUNSEL v. WILLIS.

[Cite as Disciplinary Counsel v. Willis, 2002-Ohio-3614.]

Attorneys at law—Misconduct—Public reprimand—Aiding a nonlawyer in the

unauthorized practice of law by permitting a disbarred attorney employed

by respondent to act as if he were licensed during depositions, at a pretrial

conference, and with clients.

(No. 2001-2233—Submitted May 8, 2002—Decided July 31, 2002.)

ON CERTIFIED REPORT by the Board of Commissioners on Grievances and

Discipline of the Supreme Court, No. 01-38.

__________________

Per Curiam.

{¶1} We must decide whether an attorney who permitted a disbarred

attorney in his employ to act as if he were licensed during depositions, at a pretrial

conference, and with clients should be disciplined for professional misconduct. The

Board of Commissioners on Grievances and Discipline of the Supreme Court

recommended that respondent, James R. Willis of Cleveland, Ohio, Attorney

Registration No. 0032463, be publicly reprimanded for this conduct after finding

that he violated DR 1-102(A)(5) (engaging in conduct prejudicial to the

administration of justice) and 3-101(A) (aiding a nonlawyer in the unauthorized

practice of law). We agree that a public reprimand is appropriate.

{¶2} From June 16, 1998, until December 1, 1999, respondent employed

Bruce Andrew Brown to assist him in his law practice. Respondent hired Brown,

who was disbarred in 1992 by the Supreme Court of New York and had a history

of felony convictions, after he secured Brown’s early release from a 20-year prison

sentence for grand theft. Respondent offered Brown a job because he wanted to

SUPREME COURT OF OHIO

give Brown a second chance and because he was suffering health problems that

were impinging on his law practice.

{¶3} Whether it was because of the demands made upon him by his health,

his practice, or a combination of both, respondent sometimes relied too heavily on

Brown’s assistance. He allowed Brown to attend depositions without clarifying to

other counsel that Brown was not an attorney at law. At one such deposition,

respondent did not even accompany Brown, leaving his supervision to a co-counsel,

and Brown interjected objections during the deponent’s questioning even though

he was not the licensed representative of respondent’s law firm or its client. During

the course of the same litigation, respondent also allowed Brown to appear by

himself at a pretrial conference at which Brown urged the court not to grant a

motion to compel discovery.

{¶4} In a separate instance, respondent virtually abandoned two clients to

Brown’s authority. In 1998, a married couple consulted respondent about initiating

an action against an automobile dealership. Respondent turned the couple over to

Brown, explaining that “he had just the man, to talk to.” Respondent never

mentioned that Brown was not licensed to practice law.

{¶5} Brown immediately interviewed the couple and thereafter became

their primary, if not only, contact with respondent’s law firm. Brown solicited their

paperwork, he explained a delay caused apparently by his having filed the action in

the wrong county, and he demanded payment for fees. The couple naturally

assumed that Brown represented them. In fact, when they ultimately became

dissatisfied with his services, the couple instructed Brown in writing to withdraw

as their attorney and filed a request with the Cleveland Bar Association for

resolution of a fee dispute with Brown.

{¶6} On April 9, 2001, relator, Disciplinary Counsel, filed a complaint with

the board charging that respondent had violated the Code of Professional

Responsibility. The board heard the cause through a panel of three of its members

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January Term, 2002

and found the facts as stated. The board concluded that respondent had aided a

nonlawyer in the unauthorized practice of law and thereby acted contrary to the

administration of justice, both in violation of the cited Disciplinary Rules. In

recommending a penalty, the board considered respondent’s established reputation

in the field of criminal defense, his health problems, the lack of prior disciplinary

infractions, and his attempts, albeit without complete success, to set the necessary

guidelines for Brown’s performance. The board then unanimously recommended

that respondent be publicly reprimanded for his misconduct.

{¶7} We concur in the board’s findings, conclusions, and recommendation.

Ohio attorneys have a duty to ensure that their employees do not engage in the

unauthorized practice of law. And if there is any doubt as to an employee’s

professional qualifications, an attorney licensed in Ohio must disclose the

employee’s limited authority in order to prevent the perception of professional

competence where none exists. Disciplinary Counsel v. Pavlik (2000), 89 Ohio

St.3d 458, 461-467, 732 N.E.2d 985.

{¶8} Respondent breached these duties and violated DR 1-102(A)(5) and 3-

101(A). Brown’s appearances at depositions and a pretrial conference and his client

consultation most certainly constituted the practice of law. Land Title Abstract &

Trust Co. v. Dworken (1934), 129 Ohio St. 23, 28, 1 O.O. 313, 193 N.E. 650. And

Brown had these opportunities because respondent facilitated and failed to

adequately limit, through supervision and disclosure, his activities as an unlicensed

former attorney in respondent’s employ. The appropriate penalty for this

misconduct in light of the mitigating evidence relied on by the board is a public

reprimand. Respondent is therefore publicly reprimanded for having violated DR

1-102(A)(5) and 3-101(A). Costs are taxed to respondent.

Judgment accordingly.

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

LUNDBERG STRATTON, JJ., concur.

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SUPREME COURT OF OHIO

__________________

Jonathan E. Coughlan, Disciplinary Counsel, and Lori J. Brown, First

Assistant Disciplinary Counsel, for relator.

Steven Walker, for respondent.

__________________

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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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