Cleveland Metropolitan Bar Association v. Callahan
2017 Ohio 5700
Ohio2017Background
- Attorney Michael W. Callahan represented Natasha Moore and her minor daughter LaShierry Thompson‑Moore in separate personal‑injury matters arising from an August 2012 automobile accident.
- For Moore: Callahan had minimal contact after treatment ended in Oct. 2012; he submitted a demand in May 2014 but never filed suit before the statute of limitations expired, rendering Moore’s claim time‑barred.
- Callahan told Moore of the missed statute date, offered $1,500 for noneconomic damages and to have medical bills paid, but did not advise her in writing to seek independent counsel for a potential malpractice claim; he never paid the agreed amount and failed to notify her that her insurer later rejected submitted medical bills as untimely.
- Moore filed a grievance; Callahan notified his carrier, retained counsel, and the malpractice claim was later settled and paid in full.
- For Thompson‑Moore: Callahan filed suit 2 years 9 months after the accident, one day before the statute ran; he missed pretrial conferences, was ordered to appear, and the court—at the client’s request—ordered him to withdraw.
- Instead of withdrawing, Callahan filed a Civ.R. 41(A) voluntary‑dismissal notice (stricken by the court); he later moved to withdraw, apologized, the court granted withdrawal, contempt was dismissed, and the client retained new counsel and settled her claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Callahan neglected client matters in violation of Prof.Cond.R. 1.3 (diligence) | Relator: Callahan failed to act with reasonable diligence by missing statute and neglecting communications | Callahan admitted neglect but emphasized remediation and cooperation | Violations of Prof.Cond.R. 1.3 found |
| Whether Callahan failed to keep clients reasonably informed in violation of Prof.Cond.R. 1.4(a)(3) | Relator: Callahan had minimal contact and failed to keep Moore and Thompson‑Moore informed | Callahan acknowledged poor communication and cooperation with board | Violations of Prof.Cond.R. 1.4(a)(3) found |
| Whether Callahan improperly settled a potential malpractice claim in violation of Prof.Cond.R. 1.8(h)(2) | Relator: Callahan settled without advising Moore in writing to seek independent counsel | Callahan admitted the failure to provide the required written notice but pointed to subsequent settlement of malpractice claim | Violation of Prof.Cond.R. 1.8(h)(2) found |
| Appropriate sanction for the misconduct | Relator: Public reprimand is appropriate given comparable precedents and mitigating factors | Callahan consented to discipline and agreed public reprimand fits the facts | Court adopted the consent agreement and imposed a public reprimand |
Key Cases Cited
- Mahoning Cty. Bar Assn. v. Bernard, 98 Ohio St.3d 414, 786 N.E.2d 450 (2003) (public reprimand for failure to communicate and settling/dismissing a PI case without client consent)
- Lorain Cty. Bar Assn. v. Nelson, 144 Ohio St.3d 414, 44 N.E.3d 268 (2015) (public reprimand for neglect, failure to communicate, and failure to return client property on termination)
- Cleveland Metro. Bar Assn. v. Sweeney, 146 Ohio St.3d 335, 56 N.E.3d 932 (2016) (comparable public‑reprimand precedent for attorney neglect and communication failures)
- Columbus Bar Assn. v. Smith, 143 Ohio St.3d 436, 39 N.E.3d 488 (2015) (public reprimand for comparable attorney misconduct)
- Disciplinary Counsel v. Dundon, 129 Ohio St.3d 571, 954 N.E.2d 1186 (2011) (public reprimand in a matter involving neglect and communication failures)