Lorain County Bar Association v. Nelson
144 Ohio St. 3d 414
| Ohio | 2015Background
- Nelson II was admitted to practice in 2003 and faced a grievance in February 2014 alleging neglect of a single client matter.
- Mary Martinez retained Nelson in July 2008 for a personal-injury case; Nelson failed to respond to multiple updates and did not inform Martinez of case status.
- Nelson filed a complaint without notifying Martinez, conducted no discovery, and dismissed the suit without her knowledge or consent, later failing to refile timely.
- Martinez lost the opportunity to pursue her claims due to Nelson’s actions, and Nelson did not inform her that his malpractice insurance had lapsed.
- After representation ended, Nelson did not return Martinez’s case file as requested; a grievance was filed in March 2013, and Nelson eventually cooperated after notice of intent to file a misconduct complaint.
- The Board of Professional Conduct found multiple Rule violations (1.1, 1.3, 1.4(a)-(d), 1.16(d), 8.1(b), and Gov.Bar R V(4)(G) then V(9)(G)) and recommended a public reprimand, which the Supreme Court adopted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Nelson commit professional misconduct by neglect and poor communication? | Nelson violated 1.1, 1.3, 1.4, 1.4(c), 1.16(d), 8.1(b), and Gov.Bar R V(4)(G)/V(9)(G). | Nelson cooperated in the disciplinary process and the conduct was between Godles and Boulger—sanction should be modest. | Yes; violations established and misconduct found. |
| Is public reprimand the appropriate sanction here? | Board’s recommended sanction is supported by comparable cases with similar neglect. | A lesser sanction could be warranted given mitigation and cooperation. | Public reprimand adopted. |
| Do aggravating and mitigating factors justify the sanction? | Aggravating factors (initial noncooperation, client vulnerability) outweigh mitigators. | Mitigating factors (no prior discipline, no selfish motive, single client impact, eventual cooperation) lessen severity. | Factors weighed; result is public reprimand. |
Key Cases Cited
- Lorain Cty. Bar Assn. v. Godles, 128 Ohio St.3d 279 (2010-Ohio-6274) (similar isolated neglect; lack of communication; no dishonest motive)
- Disciplinary Counsel v. Boulger, 88 Ohio St.3d 325 (2000) (neglect and dismissal of cases; failure to respond; cooperation deficiency)
