Dayton Bar Association v. Wilcoxson.
Dayton Bar Association v. Wilcoxson.
Opinion
*279
{¶ 1}
Respondent, Clinton Ralph Wilcoxson II, of Vandalia, Ohio, Attorney
{¶ 2}
In a formal complaint certified to the Board of Professional Conduct on March 2, 2017, relator, Dayton Bar Association, charged Wilcoxson with multiple
*773
ethical violations arising from his neglect of a single matter, failure to reasonably
*280
communicate with the affected client, failure to deliver the client's file to successor counsel, and failure to cooperate in the ensuing disciplinary investigation. Based on Wilcoxson's failure to answer that complaint, we imposed an interim default suspension on June 12, 2017.
Dayton Bar Assn. v. Wilcoxson
,
{¶ 3} On remand, a panel of the board considered the cause on the parties' consent-to-discipline agreement. See Gov.Bar R. V(16).
{¶ 4} The parties stipulated that in 2014, Wilcoxson entered into an attorney-client relationship and agreed to file a federal employment-discrimination lawsuit on his client's behalf. The client agreed to pay an initial retainer of $1,000 plus a $400 filing fee but failed to timely make that payment. Wilcoxson then agreed to begin work once the client paid half of the retainer and the full filing fee. But instead of making the agreed payment of $900, the client paid only $500, on November 28, 2014.
{¶ 5} Despite the client's failure to abide by the modified fee agreement, Wilcoxson filed suit on December 5, 2014-four days after the deadline for filing the suit. On January 13, 2015, the client's former employer moved to dismiss the complaint on the ground that it was untimely filed. Wilcoxson did not oppose the motion, and the court ruled that the client's federal claims were time-barred. Although Wilcoxson maintains that he had informed the client that he expected the federal claims to be dismissed as untimely, he did not inform the client regarding the status of the case until after it had been dismissed.
{¶ 6} The client retained new counsel and filed suit in state court. After Wilcoxson failed to comply with the new counsel's request that Wilcoxson provide the client's file, the client filed a grievance with relator in August 2015. Wilcoxson did not respond to the investigator's repeated requests for a meeting and the production of the client's file. But on January 7, 2016, Wilcoxson voluntarily appeared before the Dayton Bar Association Certified Grievance Committee. At that time, he answered all of the committee members' questions and freely admitted that he had failed to properly handle his client's legal matter. Several months later, Wilcoxson spoke with the client during a chance social encounter and agreed to refund $300 of the client's $500 payment ($400 of which represented the filing fee), and the client picked up the refund check in October 2016.
*281 {¶ 7} The parties stipulated and the board found that Wilcoxson's conduct violated Prof.Cond.R. 1.3 (requiring a lawyer to act with reasonable diligence in representing a client), 1.4(a)(3) (requiring a lawyer to keep a client reasonably informed about the status of a matter), 1.16(d) (requiring a lawyer withdrawing from representation to take steps reasonably practicable to protect a client's interest), 8.1(b) (prohibiting a lawyer from knowingly failing to respond to a demand for information by a disciplinary authority during an investigation), *774 and 8.4(a) (prohibiting a lawyer from violating or attempting to violate the Ohio Rules of Professional Conduct). The panel unanimously dismissed an additional alleged violation that was not addressed in the consent-to-discipline agreement.
{¶ 8} The parties stipulated and the board found that one aggravating factor is present-that Wilcoxson failed to notify his client that he did not maintain professional-liability insurance. 1 See Gov.Bar R. V(13)(A). Mitigating factors, in contrast, include the absence of prior discipline, the absence of a dishonest or selfish motive, the payment of restitution, and evidence of Wilcoxson's good character and reputation. See Gov.Bar R. V(13)(C)(1), (2), (3), and (5).
{¶ 9} The board recommends that we adopt the parties' consent-to-discipline agreement and suspend Wilcoxson from the practice of law for six months, all stayed on the condition that he engage in no further misconduct. In support of that recommendation, the board cited three cases in which we imposed conditionally stayed six-month suspensions for comparable misconduct.
{¶ 10}
In
Disciplinary Counsel v. Shuler
,
{¶ 11}
We also imposed a conditionally stayed six-month suspension in
Dayton Bar Assn. v. Hooks
,
{¶ 12}
And in
Columbus Bar Assn. v. Kluesener
,
{¶ 13} Based on the foregoing, we agree that Wilcoxson's conduct violated Prof.Cond.R. 1.3, 1.4(a)(3), 1.16(d), 8.1(b), and 8.4(a) and that a conditionally stayed *775 six-month suspension is the appropriate sanction for that misconduct. We therefore adopt the parties' consent-to-discipline agreement.
{¶ 14} Accordingly, Clinton Ralph Wilcoxson II is suspended from the practice of law in Ohio for six months, all stayed on the condition he engage in no further misconduct. If Wilcoxson fails to comply with the condition of the stay, the stay will be lifted and he will serve the full six-month suspension. Costs are taxed to Wilcoxson.
Judgment accordingly.
O'Connor, C.J., and O'Donnell, Kennedy, French, Fischer, and DeWine, JJ., concur.
DeGenaro, J., not participating.
Relator's complaint did not allege a violation of Prof.Cond.R. 1.4(c) (requiring a lawyer to inform a client if the lawyer does not maintain professional-liability insurance). Stipulated evidence suggests that Wilcoxson attempted to comply with that rule, albeit unsuccessfully.
Reference
- Full Case Name
- Dayton Bar Assn. v. Wilcoxson (Slip Opinion)
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- Attorneys—Misconduct—Violations of the Rules of Professional Conduct—Conditionally stayed six-month suspension.