Cleveland Metropolitan Bar Association v. Wintner.
Cleveland Metropolitan Bar Association v. Wintner.
Opinion
*355
{¶ 1}
Respondent, Jennifer Ellen Wintner, of Cleveland, Ohio, Attorney
{¶ 2} On February 1, 2018, relator, Cleveland Metropolitan Bar Association, charged Wintner with professional misconduct arising from her neglect and failure to reasonably communicate with a single client. A panel of the Board of *356 Professional Conduct considered the cause on the parties' consent-to-discipline agreement. See Gov.Bar R. V(16).
{¶ 3} The parties stipulated that in March 2016, Michelle Troutman hired Wintner to investigate the possibility of Troutman obtaining a historic-preservation tax credit for a building that Troutman had purchased. Wintner did not enter into an engagement agreement regarding the nature and scope of Wintner's representation *350 or establish the basis or rate of Wintner's fee and expenses beyond exploring the possibility of obtaining the tax credit. Wintner also failed to inform Troutman that Wintner did not carry professional-liability insurance. Although Wintner met with Troutman and completed some of the work that Troutman had hired Wintner to do-and for which Troutman paid Wintner $500-Wintner did not complete the work and stopped responding to Troutman's communications. Eventually, Troutman contacted another attorney for assistance with filing the application for a historic-preservation tax credit.
{¶ 4} Wintner admits that her conduct violated Prof.Cond.R. 1.3 (requiring a lawyer to act with reasonable diligence in representing a client), 1.4(a)(4) (requiring a lawyer to comply as soon as practicable with reasonable requests for information from the client), 1.4(c) (requiring a lawyer to inform the client if the lawyer does not maintain professional-liability insurance), and 1.5(b) (requiring an attorney to communicate, within a reasonable amount of time after commencing the representation, the nature and scope of the representation and the basis or rate of the fee and expenses for which the client will be charged).
{¶ 5} In addition to three mitigating factors-the absence of a dishonest or selfish motive, Wintner's acknowledgment of the wrongful nature of her conduct, and her willingness to work with a mentoring attorney during the period of a stayed suspension-the parties also stipulated that Wintner is willing to refund $250 of the $500 that she received from Troutman. See generally Gov.Bar R. V(13)(C). The only aggravating factor in this case is Wintner's previous attorney-registration suspension. See Gov.Bar R. V(13)(B)(1).
{¶ 6}
The parties recommended that Wintner be suspended for one year, with the entire suspension stayed on conditions, including a one-year period of monitored probation, paying Troutman $250 in restitution, and completing six additional hours of continuing legal education ("CLE") in law-practice management. In support of that recommendation, the parties cite two cases in which we imposed conditionally stayed six-month suspensions on attorneys who violated Prof.Cond.R. 1.3, 1.4, and 1.5 in relation to a single client matter when no aggravating factors existed and multiple mitigating factors were present.
See
Mahoning Cty. Bar Assn. v. Malvasi
,
*357
{¶ 7}
In addition to the cases cited by the parties, the panel considered
Columbus Bar Assn. v. McNeal
,
{¶ 8} Based on the foregoing, we agree that Wintner's conduct violated Prof.Cond.R.
*351 1.3, 1.4(a)(4), 1.4(c), and 1.5(b) and that a one-year suspension, all stayed on the conditions agreed to by the parties, is the appropriate sanction for her misconduct. Therefore, we adopt the parties' consent-to-discipline agreement.
{¶ 9} Accordingly, Jennifer Ellen Wintner is suspended from the practice of law in Ohio for one year, with the entire suspension stayed on the conditions that she (1) make restitution of $250 to Michelle Troutman within 90 days of this decision, (2) in addition to the biennial requirements set forth in Gov.Bar R. X, complete six hours of CLE in law-practice management, (3) serve a one-year period of monitored probation in accordance with Gov.Bar R. V(21), and (4) engage in no further misconduct. If Wintner fails to comply with any condition of the stay, the stay will be lifted and she will serve the full one-year suspension. Costs are taxed to Wintner.
Judgment accordingly.
O'Connor, C.J., and Kennedy, French, Fischer, DeWine, and DeGenaro, JJ., concur.
O'Donnell, J., concurs, but would order full restitution in the amount of $500.
Reference
- Full Case Name
- Cleveland Metro. Bar Assn. v. Wintner (Slip Opinion)
- Status
- Published
- Syllabus
- Attorneys—Misconduct—Violations of the Rules of Professional Conduct—Conditionally stayed one-year suspension.