Disciplinary Counsel v. Richardson

[This decision has been published in Ohio Official Reports at 95 Ohio St.3d 499.]

OFFICE OF DISCIPLINARY COUNSEL v. RICHARDSON.

[Cite as Disciplinary Counsel v. Richardson, 2002-Ohio 2484.]

Attorneys at law—Misconduct—Indefinite suspension—Engaging in conduct

involving dishonesty, fraud, deceit, or misrepresentation—Engaging in

conduct adversely reflecting on fitness to practice law—Withdrawing from

representation without promptly refunding unearned advance fee—

Neglect of an entrusted legal matter—Failing to carry out contract for

professional employment—Failing to promptly deliver to client funds or

property to which client is entitled—Neglecting or refusing to assist or

testify in a disciplinary investigation—Failing to register with Supreme

Court—Failing to meet continuing legal education requirements.

(No. 2001-2220—Submitted February 27, 2002—Decided June 12, 2002.)

ON CERTIFIED REPORT by the Board of Commissioners on Grievances and

Discipline of the Supreme Court, No. 01-31.

__________________

Per Curiam.

{¶1} In April 2001, relator, Disciplinary Counsel, filed a complaint

charging that respondent, Eric N. Richardson of Cleveland, Ohio, Attorney

Registration No. 0060060, while representing Theresa Brown and her estranged

husband, Michael Brown, in 1998, violated several provisions of the Code of

Professional Responsibility. Respondent answered, and the matter was referred to

a panel of the Board of Commissioners on Grievances and Discipline of the

Supreme Court (“board”).

{¶2} The parties waived a hearing, and the panel found based upon joint

stipulations that in early 1998, respondent agreed to represent Theresa Brown with

respect to a claim arising out of an automobile accident. Respondent and Theresa

Brown agreed on a contingent fee, but respondent did not put the agreement in

SUPREME COURT OF OHIO

writing nor confirm his representation of her in writing. In May 1998, respondent

conveyed a settlement offer of $8,000 to Theresa Brown and said that he would

receive his fees and pay her medical bills from the settlement. Respondent gave

Theresa Brown the balance of the settlement due to her but did not pay the medical

bills. After the unpaid medical providers contacted Theresa Brown in 2000, she

was unable to contact respondent. She complained to relator, whose attempts to

reach respondent were also unsuccessful. Respondent did not honor a subpoena

duces tecum, which relator caused to be served upon him.

{¶3} The panel also found that in April 1996, respondent agreed to represent

Michael Brown with respect to injuries arising out of the automobile accident.

Again, respondent entered into a contingent fee agreement that he did not

memorialize in writing. In May 1998, respondent told Michael Brown of a

settlement and said that he would pay Michael Brown’s medical bills from the

proceeds. Respondent failed to pay the medical bills, and after respondent assured

Michael Brown that the bills would be paid, Michael Brown could not contact

respondent. Michael Brown complained to relator, who also could not contact

respondent.

{¶4} The panel also found that respondent failed to register with the

Supreme Court of Ohio in September 1999, as required by court rule. In April

2000, we suspended respondent from the practice of law for failing to meet his

continuing legal education requirements. In re Report of Comm. on Continuing

Legal Edn. (2000), 88 Ohio St.3d 1468, 726 N.E.2d 1006. The panel also found

that respondent failed to pay the required attorney registration fee to the Clerk of

the Supreme Court in September 1999 and has not paid any registration fee since

then.

{¶5} Respondent stipulated and the panel concluded that in his

representation of Theresa Brown and in his representation of Michael Brown,

respondent violated DR 1-102(A)(4) (a lawyer shall not engage in conduct

2

January Term, 2002

involving dishonesty, fraud, deceit, or misrepresentation), 1-102(A)(6) (a lawyer

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

law), 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), 7-101(A)(2) (a lawyer shall not fail to carry out a contract

for professional employment), and 9-102(B)(4) (a lawyer shall promptly deliver to

the client funds or property to which the client is entitled). With respect to

respondent’s failure to reply to relator’s inquiries, the panel found that respondent

violated Gov.Bar R. V(4)(G) (no attorney shall neglect or refuse to assist or testify

in a disciplinary investigation or hearing) in the Theresa Brown matter and in the

Michael Brown matter. The panel further found that respondent’s failure to register

with the Supreme Court violated Gov.Bar R. VI, and his failure to meet his

continuing legal education requirements violated Gov.Bar R. X.

{¶6} The panel recommended that respondent be suspended from the

practice of law for one year with six months of the suspension stayed provided that

respondent make full restitution for the unpaid medical bills and that during the

year of suspension he participate in a mentoring program. The board adopted the

findings and conclusions of the panel but recommended that respondent be

indefinitely suspended from the practice of law in Ohio.

{¶7} On review of the record, and in view of respondent’s complete failure

to comply with our rules regarding cooperation in disciplinary investigations, we

adopt the recommendation of the board. Respondent is hereby indefinitely

suspended from the practice of law in Ohio. Costs are taxed to respondent.

Judgment accordingly.

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

LUNDBERG STRATTON, JJ., concur.

__________________

3

SUPREME COURT OF OHIO

Jonathan E. Coughlan, Disciplinary Counsel, and Kevin L. Williams,

Assistant Disciplinary Counsel, for relator.

Eric N. Richardson, pro se.

__________________

4