Lorain Cty. Bar Assn. v. Johnson (Slip Opinion)
2017 Ohio 6869
Ohio2017Background
- Robert L. Johnson, an Ohio lawyer admitted in 1989, was the subject of consolidated disciplinary complaints by the Lorain County Bar Association (LCBA) and Trumbull County Bar Association (TCBA) alleging misconduct in numerous client matters and failure to cooperate in investigations.
- Investigations and a board hearing found Johnson neglected at least 11 client matters, failed to communicate reasonably with several clients, mishandled client trust funds and records, failed to refund unearned fees, and divided fees with a lawyer outside his firm without required disclosures or written client consent.
- Specific incidents included overdrafts/insufficient funds in his client trust account after issuing checks to co-counsel, failure to maintain required trust-account records, unaccounted-for settlement funds, and flat-fee and post-decree handling failures in divorce and foreclosure matters.
- Johnson admitted failing to notify multiple clients that he lacked professional-liability insurance and repeatedly failed to cooperate in at least 14 disciplinary investigations; he stipulated to many violations and failed to make restitution to several clients.
- The Board of Professional Conduct recommended an indefinite suspension with no credit for interim suspension time, restitution to specified clients, and conditions for reinstatement (including OLAP evaluation and contract); the Supreme Court adopted the board’s findings and recommendation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Johnson neglected client matters and lacked diligence (Prof.Cond.R. 1.3) | Bar associations: Johnson repeatedly failed to act, file documents, or complete representations in numerous matters. | Johnson offered testimony about some work performed but admitted many matters were incomplete. | Court adopted board findings: multiple violations of Prof.Cond.R. 1.3. |
| Whether Johnson failed to maintain trust-account records and mishandled client funds (Prof.Cond.R. 1.15) | LCBA: trust-account overdrafts, missing records, unaccounted settlement proceeds, and failure to produce ledgers/receipts. | Johnson produced some bank statements but lacked required supporting records and reconciliation. | Court adopted board findings: violations of Prof.Cond.R. 1.15 (recordkeeping, delivery of client funds). |
| Whether Johnson divided fees with a lawyer outside his firm and failed to obtain written client consent (Prof.Cond.R. 1.5) | LCBA: fee-sharing with Godles without client’s written consent or required disclosures. | Johnson acknowledged payments to co-counsel but not the required written disclosures or signed closing statement. | Court adopted finding: violations of Prof.Cond.R. 1.5(c)(2) and 1.5(e). |
| Whether Johnson engaged in dishonesty/misrepresentation (Prof.Cond.R. 8.4(c)) | LCBA: alleged affirmative misrepresentations about scheduling and depositions to client Taylor. | Johnson denied knowingly misrepresenting; testimony suggested attempts to schedule rather than confirmed dates. | Court: LCBA failed to prove dishonesty by clear and convincing evidence; 8.4(c) count dismissed. |
| Whether Johnson failed to notify clients he lacked malpractice insurance and failed to cooperate with investigations (Prof.Cond.R. 1.4(c); Gov.Bar R.) | Relators: Johnson did not inform clients he lacked professional-liability insurance and repeatedly failed to respond to disciplinary inquiries. | Johnson stipulated to some failures to cooperate and non-disclosure. | Court adopted findings: violations of Prof.Cond.R. 1.4(c) and duties to cooperate; repeated Gov.Bar R. violations. |
| Appropriate sanction for pattern of neglect, recordkeeping failures, and noncooperation | Relators: indefinite suspension with restitution, no credit for interim suspension; conditions for reinstatement. | Johnson cited mitigating factors (no prior discipline, cooperation after counsel, mental-health evaluation). | Court imposed an indefinite suspension with no credit for interim suspension, ordered stipulated restitution, and required OLAP evaluation/contract and compliance with recommendations. |
Key Cases Cited
- Disciplinary Counsel v. Rammelsberg, 38 N.E.3d 856 (Ohio 2015) (indefinite suspension for trust-account overdrafts, recordkeeping failures, and noncooperation)
- Mahoning Cty. Bar Assn. v. DiMartino, 49 N.E.3d 1280 (Ohio 2016) (indefinite suspension for neglect plus failure to cooperate)
- Cleveland Metro. Bar Assn. v. Gottehrer, 924 N.E.2d 825 (Ohio 2010) (indefinite suspension where attorney neglected matters, failed to communicate, mishandled funds, and failed to cooperate)
- Disciplinary Counsel v. Kelly, 901 N.E.2d 798 (Ohio 2009) (court’s independent review of evidentiary weight in disciplinary proceedings)
- Disciplinary Counsel v. Jackson, 691 N.E.2d 262 (Ohio 1998) (standard that violations must be proven by clear and convincing evidence)