2016 Ohio 8022
Ohio2016Background
- Charles Gary Mickens, admitted 1991, was retained in Sept. 2011 to represent James Harris in administration of his brother Jonathan Harris’s probate estate (originally opened 2002).
- Mickens obtained Harris’s appointment as successor fiduciary (Apr. 2012) but Harris was removed twice (Dec. 2012 and Apr. 2013) for failure to file required filings (certificate of service by publication; final account). Mickens unsuccessfully moved for reinstatement in May 2013.
- Mickens did not inform Harris about the second removal or the missing final account; Harris learned of removal from the court docket in Sept. 2014.
- Mickens failed to file a certificate of transfer required to convey real property bequeathed to beneficiaries; due to an outstanding tax foreclosure, the property transferred to the county land reutilization corporation in Oct. 2014, which Harris learned about from the docket in Nov. 2014.
- Mickens did not carry professional liability insurance during his 24-year practice and failed to notify clients in writing of that fact as required by Prof.Cond.R. 1.4(c).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Mickens neglected the probate matter and failed to act with diligence (Prof.Cond.R. 1.3) | Relator: Mickens failed to timely file required probate documents and pursue the estate, causing client harm | Mickens did not contest facts; no argument for competence was advanced (parties stipulated) | Held: Violation of Prof.Cond.R. 1.3 (neglect) established |
| Whether Mickens failed to reasonably communicate with his client (Prof.Cond.R. 1.4(a)(3)) | Relator: Mickens failed to inform Harris of removals and critical developments (property transfer) | No dispute in stipulations; Mickens cooperated in proceedings | Held: Violation of Prof.Cond.R. 1.4(a)(3) established |
| Whether Mickens failed to notify client about lack of malpractice insurance (Prof.Cond.R. 1.4(c)) | Relator: Mickens did not carry insurance and did not provide required written notice/acknowledgment | Mickens admitted not carrying insurance; no rebuttal | Held: Violation of Prof.Cond.R. 1.4(c) established |
| Appropriate sanction for the misconduct | Relator: Public reprimand appropriate given pattern, multiple offenses, and comparable precedents | Mickens (stipulated): agreed to recommended sanction and facts; cooperated | Held: Public reprimand imposed; costs taxed to Mickens (majority); two justices would remand for consideration of harsher sanction |
Key Cases Cited
- Columbus Bar Assn. v. Ryan, 34 N.E.3d 120 (publicly reprimanding attorney for neglect and poor communication)
- Akron Bar Assn. v. Freedman, 946 N.E.2d 753 (public reprimand for failure to pursue matter, poor communication, and failure to notify clients about insurance)
- Cuyahoga Cty. Bar Assn. v. Johnson, 914 N.E.2d 180 (public reprimand for neglect, failure to appear/respond, and failure to notify client about insurance)