Cleveland Metropolitan Bar Ass'n v. Brown
143 Ohio St. 3d 333
| Ohio | 2015Background
- Shawn Javon Brown, admitted 2005, had prior discipline (registration suspension 2009; indefinite suspension 2011; interim default suspension 2014).
- Relator (Cleveland Metro. Bar Assn.) moved to remand for pursuit of permanent disbarment; relator then moved for default and the matter was assigned to a master commissioner.
- Master commissioner and the Board found Brown continued to practice law while suspended (filed appearances, motions, and appeared in court; accepted at least one client fee while suspended).
- Board also found Brown neglected a client matter (failed to transfer real property after receiving $550 retainer and failed to refund) and failed to cooperate with the disciplinary investigation (multiple unresponded contacts; personal service of grievance package).
- The board dismissed certain charged counts for insufficient evidence but found multiple violations of professional conduct rules and identified aggravating factors (prior discipline, pattern of misconduct, failure to cooperate, harm to vulnerable victims); no mitigating factors.
- The Supreme Court adopted the board’s findings and permanently disbarred Brown; costs taxed to Brown.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Brown practiced law while under suspension | Relator: Brown filed appearances, motions, appeared in court, and accepted fees while suspended; constitutes unauthorized practice | Brown offered no substantive defense; many allegations proved; some counts lacked sufficient evidence | Court: Found multiple violations of Prof.Cond.R. 5.5(a), 8.4(d), 8.4(h), and one 1.5(a)(1); adopted board findings; dismissed some insufficiently supported charges |
| Whether Brown neglected a client matter and charged a clearly excessive fee | Relator: Brown accepted $550 retainer to transfer real property, failed to complete work or refund fee | Brown did not respond to investigation; no mitigating explanation | Court: Found violations of Prof.Cond.R. 1.3, 1.5(a), 5.5(a), 8.4(d), and 8.4(h); adopted board findings; dismissed 8.4(c) charge |
| Whether Brown failed to cooperate with disciplinary investigation | Relator: Made numerous attempts; personally served grievance package; Brown failed to respond | Brown did not participate or rebut | Court: Found violations of Gov.Bar R. V(4)(G) and Prof.Cond.R. 8.1(b); adopted board findings |
| Appropriate sanction for violations | Relator: Aggravating factors and precedent support permanent disbarment for practicing while suspended and failing to cooperate | Brown offered no mitigating evidence; prior discipline increases severity | Court: Agreed permanent disbarment appropriate and ordered it; costs taxed to Brown |
Key Cases Cited
- In re Attorney Registration Suspension of Brown, 123 Ohio St.3d 1475 (2009) (prior registration-suspension discipline involving Brown)
- Cleveland Metro. Bar Assn. v. Brown, 130 Ohio St.3d 147 (2011) (prior indefinite suspension for client neglect and related misconduct)
- Cleveland Metro. Bar Assn. v. Brown, 138 Ohio St.3d 1219 (2014) (interim default suspension for practicing while suspended and failure to cooperate)
- Stark Cty. Bar Assn. v. Buttacavoli, 96 Ohio St.3d 424 (2002) (factors to consider in imposing sanctions)
- Disciplinary Counsel v. Broeren, 115 Ohio St.3d 473 (2007) (weighing aggravating and mitigating factors)
- Disciplinary Counsel v. Fletcher, 135 Ohio St.3d 404 (2013) (presumptive sanction of disbarment for practicing while suspended)