Opinion

Lake County Bar Ass'n v. Ryan

  • 123 Ohio St. 3d 178
  • 915 N.E.2d 304
  • 2009 Ohio 4232
Court
Ohio Supreme Court
Filed
Aug 27, 2009
Status
Published
On the bench
Pfeifer, Stratton, O'Donnell, Lanzinger, Moyer, O'Connor, Cupp
Cited by
0 cases
Authority
More cited than 32.1%

The opinion

[Cite as Lake Cty. Bar Assn. v. Ryan, 123 Ohio St.3d 178, 2009-Ohio-4232.]

LAKE COUNTY BAR ASSOCIATION v. RYAN.

[Cite as Lake Cty. Bar Assn. v. Ryan, 123 Ohio St.3d 178, 2009-Ohio-4232.]

Attorney misconduct — Failure to diligently pursue client’s claim — Failure to

notify client of lack of professional-malpractice insurance — Two-year

partially stayed suspension.

(No. 2009–0393 ⎯ Submitted April 8, 2009 — Decided August 27, 2009.)

ON CERTIFIED REPORT by the Board of Commissioners on Grievances and

Discipline of the Supreme Court, No. 08-039.

__________________

Per Curiam.

{¶ 1} Respondent, Patrick T. Ryan of Mentor, Ohio, Attorney

Registration No. 0022478, was admitted to the practice of law in Ohio in 1978.

His license to practice has been suspended since May 31, 2006, when we

suspended his license for two years, staying the second year on conditions, for

ethical lapses including his neglect of entrusted legal matters and failure to keep

his clients informed regarding pending legal matters. Lake Cty. Bar Assn. v.

Ryan, 109 Ohio St.3d 301, 2006-Ohio-2422, 847 N.E.2d 430. Respondent did not

fulfill the conditions for staying the second year of the suspension and has not

applied for reinstatement. Respondent also remains barred from practicing law

due to his December 3, 2007 suspension for failing to comply with attorney-

registration requirements. In re Attorney Registration Suspension of Ryan, 116

Ohio St.3d 1420, 2007-Ohio-6463, 877 N.E.2d 305.

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

recommends that we order another two-year suspension of respondent’s license,

and stay the last six months of that suspension on the condition that he pay

restitution to another aggrieved client. The recommendation is based on the

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board’s findings that respondent failed, before his 2006 suspension, to diligently

pursue that client’s personal-injury claim and also failed to advise her as required

that he did not carry professional-malpractice insurance. We accept the board’s

findings that respondent engaged in this professional misconduct and its

recommendation for a two-year partially stayed suspension.

{¶ 3} Relator, Lake County Bar Association, charged respondent with a

single count of misconduct, alleging numerous violations of the Disciplinary

Rules of the former Code of Professional Responsibility. A panel of the board

heard the case, made findings of fact and conclusions of law, and recommended

the two-year suspension with six months stayed. The board adopted the panel’s

findings of misconduct and recommendation.

{¶ 4} The parties have not objected to the board’s report

Misconduct

{¶ 5} Respondent filed suit in March 2000 on behalf of a family friend

after she had suffered injuries in a March 1998 automobile accident. He

voluntarily dismissed the action in August 2001 to allow time for the client to

complete her medical treatment. Respondent represented his client in accordance

with ethical standards prior to this dismissal.

{¶ 6} Respondent’s problems developed after he refiled the personal-

injury action in September 2002. Respondent advised his client that he needed

expert medical reports to respond to discovery demands from the defense, but he

did not obtain the reports in time to comply with the discovery deadlines. The

defense moved to compel discovery and for sanctions, and in early November

2004, the court ordered respondent to provide the outstanding discovery within

five days. Respondent did not comply and decided not to appear at the final

pretrial hearing because he still lacked the expert medical reports.

{¶ 7} The court dismissed the personal-injury action in early December

2004. After the dismissal, the client provided respondent with the medical

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January Term, 2009

reports, and respondent filed a motion for reconsideration and to reinstate in an

attempt to save the claim. The court denied his motion in January 2005.

{¶ 8} Respondent continued to meet with his client throughout 2005 and

2006 and, according to him, discussed alternative recovery strategies, including

filing a claim alleging bad faith against the defendant’s insurance carrier. His

client, however, testified that she did not realize that her case had been dismissed

until late May or early June 2006. At that time, respondent advised her that his

law license had been suspended and urged her to consult another attorney. When

she did so, she learned of the dismissal when that attorney checked the court’s

docket.

{¶ 9} Respondent badly mismanaged his client’s case. He also never

advised his client that he carried no malpractice insurance. The parties thus

stipulated that respondent violated DR 1-104(A) (requiring a lawyer to disclose

that the lawyer lacks professional-liability insurance), 1-102(A)(5) (prohibiting a

lawyer from engaging in conduct that is prejudicial to the administration of

justice), 1-102(A)(6) (prohibiting a lawyer from engaging in conduct that

adversely reflects upon the lawyer’s fitness to practice law), 6-101(A)(2)

(prohibiting a lawyer from representing a client without preparation adequate in

the circumstances), 6-101(A)(3) (prohibiting a lawyer from neglecting an

entrusted legal matter), 7-101(A)(1) (prohibiting a lawyer from intentionally

failing to seek the lawful objectives of a client), 7-101(A)(2) (prohibiting a lawyer

from intentionally failing to carry out a contract of professional employment), and

7-101(A)(3) (prohibiting a lawyer from intentionally causing a client prejudice or

damage during a professional relationship). The board found this misconduct,

and so do we.

Sanction

{¶ 10} In recommending a sanction for this misconduct, the board

weighed the aggravating and mitigating factors of respondent’s case. Weighing

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against respondent is his significant prior record of discipline and the fact that his

prior misconduct and this case represent a continuing pattern of failing to

communicate with clients and neglecting entrusted legal matters. Also weighing

against respondent is the harm he caused his client – she lost the opportunity to

recover damages for her injuries and medical expenses, an amount estimated by a

successor attorney to be between $75,000 and $150,000.

{¶ 11} In mitigation, the board found that respondent did not act out of

dishonesty or selfish motives. The board further found that respondent had

attempted to rectify the consequences of his misconduct by offering his client

$25,000 — the amount that the defense had offered to settle her personal-injury

case — in settlement of her malpractice claim against him. Respondent also

cooperated completely in the disciplinary proceedings.

{¶ 12} The board then considered the sanctions that had been imposed in

similar cases:

{¶ 13} “[W]e direct our attention to Cleveland Bar Assn. v. Norton, 116

Ohio St.3d 226, 2007-Ohio-6038, [877 N.E.2d 964]. In that case, the Respondent,

Eric E. Norton, neglected two (2) client cases, failed to advise the clients that he

lacked malpractice insurance and failed to cooperate in efforts to investigate his

alleged misconduct. [Norton] was suspended from the practice of law for six (6)

months, with the entire period stayed on conditions.

{¶ 14} “In Toledo Bar Assn. v. Hales, 120 Ohio St.3d 340, 2008-Ohio-

[6201], [899 N.E.2d 130], [Hales] mishandled and lost a medical

malpractice/nursing home negligence case, failed to notify his insurance carrier of

the client’s subsequent legal malpractice ease against him, which led to a denial of

coverage, and declared Bankruptcy thus preventing the client from collecting on a

legal malpractice judgment. [Hales] was found in violation of DR 1-102(A)(6)

(prohibiting a lawyer from engaging in conduct which adversely reflects on the

lawyer’s fitness to practice law), DR 6-101(A)(1) (prohibiting a lawyer from

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January Term, 2009

handling a legal matter that the lawyer knows or should know he is not competent

to handle and without associating with a lawyer who is competent), DR 6-

101(A)(2) (prohibiting a lawyer from handling a legal matter without preparation

adequate under the circumstances), DR 6-101(A)(3) (prohibiting a lawyer from

neglecting an entrusted legal matter), and DR 7-101(A)(3) (prohibiting a lawyer

from intentionally causing a client prejudice or damage during a professional

relationship). The Supreme Court suspended the Respondent [from] the practice

of law for two (2) years and ordered a stay of the last eighteen (18) months on

conditions.”

{¶ 15} In this case, having found the cited misconduct, weighed the

aggravating and mitigating factors, and considered sanctions imposed in similar

cases, the board recommended a two-year suspension from practice with the last

six months stayed on the condition that respondent “submit to a mediation

conducted by the Lake County Bar Association to determine the appropriate

restitution for the client.” We accept the recommendation.

{¶ 16} Respondent is therefore suspended from the practice of law in

Ohio for two years; however, the last six months of the suspension are stayed on

the condition that he pay restitution in the amount determined through relator’s

mediation process. If respondent fails to comply with the condition of the stay,

the stay will be lifted, and respondent will serve the entire two-year suspension.

Costs are taxed to respondent. Respondent shall also pay the cost of mediation.

Judgment accordingly.

PFEIFER, LUNDBERG STRATTON, O’DONNELL, and LANZINGER, JJ., concur.

MOYER, C.J., and O’CONNOR and CUPP, JJ., dissent.

__________________

MOYER, C.J., dissenting.

{¶ 17} I respectfully dissent from the majority’s decision with respect to

the sanction imposed on respondent. I would impose, instead, an indefinite

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suspension from the practice of law—the sanction to which the parties previously

stipulated, before respondent withdrew his stipulation at the disciplinary hearing.

{¶ 18} Respondent represented the plaintiff in a personal-injury action

that was eventually dismissed by the court before trial, largely as a result of

respondent’s actions. He missed two discovery deadlines for providing medical

reports to the defendant and intentionally failed to appear at the final pretrial

hearing. At no time did respondent request a deadline extension. After the case

was dismissed, respondent continued to meet with the client but failed to inform

her of the dismissal. He also failed to notify the client as required that he did not

carry malpractice insurance.

{¶ 19} In addition to the eight Disciplinary Rule violations respondent

committed during the underlying case, he has three prior license suspensions,

including one for neglect of entrusted legal matters and failure to keep clients

informed, and two for not complying with attorney-registration requirements.

Based on respondent’s utter failure to properly represent his client and his history

of ethical violations, I would suspend him from the practice of law indefinitely,

allowing us to determine whether respondent should be readmitted upon a petition

for reinstatement pursuant to Gov.Bar R. V(10)(E)(4). See Cincinnati Bar Assn.

v. Sullivan (1992), 65 Ohio St.3d 293, 603 N.E.2d 983 (indefinitely suspending

attorney for missing court deadlines and hearings, repeatedly failing to comply

fully with court orders, and showing disrespect for the court, along with a prior

public reprimand for ethical violations).

O’CONNOR and CUPP, JJ., concur in the foregoing opinion.

__________________

James P. Koerner, for relator.

Patrick D. Quinn, 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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