Summary
The Ohio Supreme Court indefinitely suspended attorney Mark McClain for failing to return client funds, neglecting and mishandling a client matter, and failing to cooperate with a disciplinary investigation. The court also ordered restitution of $1,000 each to two clients, with statutory interest, and taxed costs to McClain.
Topics
Practice areas
Questions Presented
- Whether McClain violated the Code of Professional Responsibility by failing to return client funds, neglecting Ray's legal matter, failing to pursue Ray's lawful objectives, failing to carry out the professional-employment contract, and prejudicing Ray.
- Whether McClain violated Gov.Bar R. V(4)(G) by failing to cooperate with the disciplinary investigation.
- What sanction and restitution were appropriate for the established violations.
Holdings
- McClain violated DR 9-102(B)(4) by failing to promptly deliver to Robinson funds to which Robinson was entitled.
- McClain violated DR 7-101(A)(1), DR 7-101(A)(2), DR 7-101(A)(3), and DR 6-101(A)(3) by failing to pursue Ray's lawful objectives, failing to carry out the professional-employment contract, prejudicing Ray, and neglecting her entrusted legal matter.
- McClain violated DR 9-102(B)(4) by failing to return the requested $500 portion of Ray's retainer and failing to provide an accounting of time spent.
- McClain violated Gov.Bar R. V(4)(G) by failing to respond to or assist in the bar association's disciplinary investigation.
- Indefinite suspension from the practice of law in Ohio and restitution of $1,000 each to Robinson and Ray, with interest at the statutory rate, were appropriate sanctions.
Key quotations
“Respondent is hereby indefinitely suspended from the practice of law in Ohio and ordered to pay restitution to Robinson and Ray in the amount of $1,000 each with interest at the statutory rate.” (¶ 7)
Factual background
McClain accepted a $1,000 payment from Eric K. Robinson toward an agreed $2,500 retainer, then presented Robinson with a written contract requiring a $3,500 retainer. Robinson declined to proceed and requested a refund, but McClain neither returned the money nor provided an invoice. In a separate matter, McClain mishandled Carolyn Ray's case by filing and failing to refile a dismissal, failing to oppose a later dismissal, and failing to account for or return part of her retainer. McClain also failed to cooperate with the bar association's investigation.
Procedural history
The Cleveland Bar Association investigated McClain's conduct and filed a disciplinary complaint on December 4, 2000. McClain did not answer, so the matter proceeded on the relator's motion for default before a board member, who found violations and recommended indefinite suspension and restitution. The Board of Commissioners on Grievances and Discipline adopted that recommendation, and the Supreme Court of Ohio adopted the board's findings, conclusions, and recommendation.