Medina County Bar Ass'n v. Cameron
958 N.E.2d 138
Ohio2011Background
- Cameron, an Ohio attorney admitted in 1991, was subjected to disciplinary action arising from litigation over fees for expert consulting services.
- He hired Safety Through Engineering (STE) president as an expert witness and paid a $2,000 retainer; STE invoiced $7,008.
- Cameron testified he discussed payment with the expert and that payment would occur if the slip-and-fall case settled, while the expert claimed Cameron agreed to monthly $500 payments that were never made.
- STE filed a complaint in June 2008 after Cameron failed to answer a summons; Cameron allegedly contacted the expert before a default hearing and engaged in settlement discussions.
- Cameron filed a motion for continuance and later affidavits suggested conflicting accounts of whether a settlement had been reached; the grievance led to claims of professional misconduct.
- The Supreme Court held Cameron violated Prof.Cond.R. 4.2 and 3.3 but imposed a one-year stayed suspension contingent on no further misconduct.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Cameron violated 4.2 by contacting represented party directly | Cameron violated 4.2 by initial settlement contact without STE's attorney consent | Cameron contested the characterization of contact; argued conduct did not require consent | Yes, 4.2 violated |
| Whether Cameron knowingly made a false statement to the court under 3.3 | Cameron falsely claimed a settlement had been reached | Disputed credibility of settlement claim given conflicting affidavits | Yes, 3.3 violated |
| What sanction is appropriate for the misconduct | Relator sought a one-year suspension | Board proposed six-month suspension or lesser sanction given circumstances | One-year suspension stayed conditioned on no further misconduct |
Key Cases Cited
- Stark Cty. Bar Assn. v. Buttacavoli, 96 Ohio St.3d 424 (Ohio 2002) (factors for determining sanctions; aggravating/mitigating circumstances)
- Disciplinary Counsel v. Broeren, 115 Ohio St.3d 473 (Ohio 2007) (discretionary considerations in applying sanctions; Section 10(B) factors)
- Disciplinary Counsel v. Cuckler, 101 Ohio St.3d 318 (Ohio 2004) (isolated misconduct and other factors informing stayed suspensions)
