Opinion

Cincinnati Bar Assn. v. Kieft

  • 94 Ohio St. 3d 429
  • 2002 Ohio 1234
Court
Ohio Supreme Court
Filed
Mar 6, 2002
Status
Published
Cited by
3 cases
Authority
More cited than 67.2%

The opinion

[This decision has been published in Ohio Official Reports at 94 Ohio St.3d 429.]

CINCINNATI BAR ASSOCIATION v. KIEFT.

[Cite as Cincinnati Bar Assn. v. Kieft, 2002-Ohio-1234.]

Attorneys at law—Misconduct—Indefinite suspension—Neglect of an entrusted legal

matter—Failing to carry out contract of employment—Failing to promptly

return clients’ funds or other property—Failing to cooperate in investigation

of grievance.

(No. 01-1881—Submitted December 12, 2001—Decided March 6, 2002.)

ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline

of the Supreme Court, No. 01-11.

__________________

Per Curiam.

{¶ 1} In a complaint filed on February 5, 2001, relator, Cincinnati Bar

Association, charged respondent, David W. Kieft of Cincinnati, Ohio, Attorney

Registration No. 0042465, with misconduct in violation of the Code of Professional

Responsibility and of Gov.Bar R. V(4)(G). Respondent was served the complaint but

did not answer. Relator accordingly moved for default pursuant to Gov.Bar R. V(6)(F).

{¶ 2} The Board of Commissioners on Grievances and Discipline of the

Supreme Court appointed a master commissioner to review the default motion. The

master commissioner found that respondent had committed various violations of DR

6-101(A)(3) (neglecting an entrusted legal matter), 7-101(A)(2) (failing to carry out a

contract of employment), and 9-102(B)(4) (failing to promptly return client’s funds or

other property) in the course of representing three clients and that he had failed to

cooperate in the investigation of their grievances in violation of Gov.Bar R. V(4)(G).

The master commissioner recommended that respondent be suspended from the

practice of law in Ohio for a period of two years with the second year suspended on

conditions. The board adopted the findings of misconduct but recommended that

SUPREME COURT OF OHIO

respondent receive an indefinite suspension “based on his misconduct and total failure

to cooperate or explain his actions.”

{¶ 3} We agree with the board. In December 1999, respondent promised to

represent Jerry Johnson in a bankruptcy proceeding; however, respondent subsequently

failed to produce certain financial records required by the trustee, he failed to return

Johnson’s telephone messages, and he failed to attend a hearing after advising Johnson

that his (Johnson’s) presence was not necessary. Respondent also failed to reply to a

second hearing notice, after which the court dismissed the bankruptcy proceeding.

Johnson ultimately fired respondent. Respondent then ignored Johnson’s request for

the return of files and records and refused to answer inquiries made by Johnson’s new

counsel. As the board found, this conduct constitutes violations of DR 6-101(A)(3), 7-

101(A)(2), and 9-102(B)(4), and respondent’s failure to cooperate in the investigation

of Johnson’s grievance constitutes a violation of Gov.Bar R. V(4)(G).

{¶ 4} Kyle Robinson also retained respondent in 1999, paying him $1,000 to

secure a discharge from the Ohio National Guard. Respondent obtained the discharge

but did not send Robinson a final bill or return the unused portion of Robinson’s

retainer as promised. Respondent further ignored Robinson’s messages asking for the

final bill and refund. As the board found, this conduct violates DR 6-101(A)(3) and 9-

102(B)(4), and respondent’s failure to cooperate in the investigation of Robinson’s

grievance constitutes a violation of Gov.Bar R. V(4)(G).

{¶ 5} Finally, in May 2000, respondent agreed to represent Joyce A. Scribbin

in a divorce action. After paying respondent $460, Scribbin was unable to contact him

by telephone or facsimile. In July 2000, respondent failed to appear at a scheduling

conference, and Scribbin wrote to respondent to advise him of this and again to request

a response. Not only did respondent ignore Scribbin’s letter, he missed a second

scheduling conference held later that month. As the board found, this conduct violates

DR 6-101(A)(3) and 7-101(A)(2), and respondent’s failure to cooperate in the

investigation of Scribbin’s grievance constitutes a violation of Gov.Bar R. V(4)(G).

2

January Term, 2002

{¶ 6} Having failed to respond in any way to the charges in this complaint,

respondent has offered nothing to mitigate his misconduct. “Absent mitigating

circumstances, an indefinite suspension from the practice of law is an appropriate

sanction when an attorney engages in a pattern of neglect involving multiple clients

and refuses to cooperate in the ensuing disciplinary investigations.” Lorain Cty. Bar

Assn. v. Fernandez (2000), 89 Ohio St.3d 82, 84, 728 N.E.2d 1056, 1057. Respondent

is, therefore, suspended indefinitely from the practice of law in Ohio.

{¶ 7} Costs are taxed to respondent.

Judgment accordingly.

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

STRATTON, JJ., concur.

COOK, J., concurs in judgment.

__________________

Paul M. De Marco and Edwin W. Patterson III, for relator.

__________________

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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