Disciplinary Counsel v. Johnson

104 Ohio St. 3d 313 (Ohio 2004) · Supreme Court of Ohio · December 15, 2004

Summary

The Supreme Court of Ohio permanently disbarred Jacqueline L. Tullos Johnson after finding that she repeatedly neglected client matters, mishandled client funds and fees, failed to appear in court, abandoned a client, and failed to cooperate with disciplinary investigations. The court adopted the findings of misconduct and concluded that the aggravating circumstances and absence of mitigation warranted disbarment.

Court
Supreme Court of Ohio
Writing for the Court
Moyer, C.J.; Resnick, J.; F.E. Sweeney, J.; Pfeifer, J.; Lundberg Stratton, J.; O'Connor, J.; O'Donnell, J.
Jurisdiction
Ohio
Decision date
December 15, 2004
Procedural posture
Attorney-disciplinary proceeding in which the respondent failed to answer the disciplinary complaint or respond to a motion for default; the Supreme Court of Ohio reviewed the board's findings and recommendation of permanent disbarment.
Standard of review
The Supreme Court of Ohio reviewed the board's findings and recommended sanction in the attorney-discipline proceeding.
Precedential value
published precedential opinion
Parties
Disciplinary Counsel (relator) v. Jacqueline L. Tullos Johnson (respondent)
Disposition
other

Topics

default judgmentsanctionscivil procedure

Practice areas

legal ethicsattorney disciplineprofessional responsibility

Questions Presented

  1. Whether Johnson committed the charged violations of the Disciplinary Rules and Ohio's attorney-registration and disciplinary-cooperation rules.
  2. Whether permanent disbarment was the appropriate sanction for Johnson's repeated client neglect, failure to cooperate, and other misconduct.

Holdings

  1. Johnson violated DR 1-102(A)(5), DR 1-102(A)(6), DR 2-106, DR 2-110(A)(1) and (2), DR 6-101(A)(3), DR 7-101(A)(3), Gov.Bar R. V(4)(G), and Gov.Bar R. VI(1)(D).
  2. Permanent disbarment from the practice of law in Ohio was appropriate.

Key quotations

Respondent has seriously and repeatedly neglected her clients and has ignored investigative inquiries of grievances against her and resulting disciplinary proceedings. (¶ 19)
Accordingly, respondent is hereby permanently disbarred from the practice of law in Ohio. (¶ 20)

Factual background

Johnson neglected multiple client matters. In the Pontious representation, she failed to respond timely to discovery, failed to appear at a pretrial conference, failed to prepare paid-for estate-planning documents, and was cited for contempt and fined. She accepted payment from Grinnell but never filed his bankruptcy petition, abandoned communications with him, and failed to return his calls. In the Hoppel matter, she issued bad checks, failed to communicate, attempted to withdraw without protecting Hoppel's interests, failed to appear at a contempt hearing, and ignored subsequent court hearings, resulting in a bench warrant. Johnson also failed to cooperate with disciplinary inquiries and failed to maintain a current address with the Attorney Registration Section.

Procedural history

Disciplinary Counsel charged Johnson with four additional counts of professional misconduct. After Johnson failed to answer, a master commissioner granted relator's motion for default, found misconduct, and recommended a sanction; the Board of Commissioners on Grievances and Discipline adopted those findings and recommended permanent disbarment. The Supreme Court of Ohio independently reviewed the matter, agreed with the violations and sanction, and permanently disbarred Johnson.

Court Document

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