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Medina County Bar Ass'n v. Cameron
958 N.E.2d 138
Ohio
2011
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Background

  • 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)
Read the full case

Case Details

Case Name: Medina County Bar Ass'n v. Cameron
Court Name: Ohio Supreme Court
Date Published: Oct 12, 2011
Citation: 958 N.E.2d 138
Docket Number: 2010-2173
Court Abbreviation: Ohio