2017 Ohio 9203
Ohio2017Background
- Timothy E. Bellew, admitted 1997, had his Ohio law license suspended intermittently beginning January 21, 2015, and continuously since January 2015 due to failure to respond to disciplinary complaints.
- While suspended, Bellew accepted retainers and signed fee agreements for at least two clients (Jessica Mitchell and Jessie Simpson) but performed little or no work, failed to communicate, and did not refund unearned fees.
- Mitchell’s court papers contained errors; Bellew’s filing fee check bounced and Mitchell paid to cure defects herself. Bellew did not return her funds.
- Simpson retained Bellew for a custody hearing, was not informed of his suspension, Bellew did not appear, and Simpson incurred additional costs to hire new counsel; Bellew did not refund her retainer.
- Relator (disciplinary counsel) attempted service and multiple demands for information; Bellew repeatedly failed to cooperate with the disciplinary investigation and could not be reliably contacted.
- The Board adopted a master’s recommendation of permanent disbarment based on continuing to practice while suspended, taking client funds and failing to refund unearned fees, neglect, dishonesty, and failure to cooperate; the Supreme Court of Ohio adopted the board’s report and ordered permanent disbarment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Bellew practiced law while suspended | Relator: Bellew filed pleadings and accepted retainer transactions after interim suspension | Bellew did not respond (default) | Court found Bellew continued to practice while suspended and violated Prof.Cond.R. 5.5 and related rules |
| Whether Bellew mishandled client funds and failed to refund unearned fees | Relator: Bellew kept retainers, issued bad check, and did not refund clients who were forced to cure filings or hire new counsel | Bellew did not contest (default) | Court found violations of Prof.Cond.R. 1.15(d), 1.16(e), and related provisions for taking/unearned fees |
| Whether Bellew neglected client matters and failed to communicate | Relator: Clients received no meaningful communication; matters were not properly handled | Bellew did not respond | Court found violations of Prof.Cond.R. 1.4 and rule-based duties to prosecute client matters |
| Whether Bellew failed to cooperate with disciplinary authorities | Relator: Multiple attempts to contact and serve Bellew failed; he ignored inquiries | Bellew did not respond | Court found violations of Prof.Cond.R. 8.1(b), Gov.Bar R. V(9)(G), and related address-reporting obligations; failure to cooperate aggravated sanction |
Key Cases Cited
- Trumbull Cty. Bar Assn. v. Bellew, 143 Ohio St.3d 1220 (2015) (interim suspension for failure to respond to complaint)
- Disciplinary Counsel v. Bellew, 143 Ohio St.3d 1292 (2015) (additional interim suspension for nonresponse)
- Disciplinary Counsel v. Bricker, 137 Ohio St.3d 35 (2013) (conduct adversely reflecting on fitness can constitute separate violation)
- Disciplinary Counsel v. Henry, 127 Ohio St.3d 398 (2010) (disbarment is presumptive sanction for taking client funds and failing to perform employment)
- Cleveland Metro. Bar Assn. v. Brown, 143 Ohio St.3d 333 (2015) (disbarment as appropriate sanction for similar misconduct)
- Mahoning Cty. Bar Assn. v. Marrelli, 144 Ohio St.3d 253 (2015) (discussing multiple-client neglect, failure to communicate, and failure to cooperate as aggravating factors)