Summary
The Supreme Court of Ohio held that Wayne Stephan violated Disciplinary Rules by failing to adequately prepare for, complete, and communicate about a client’s divorce-related qualified domestic-relations order. The court rejected Stephan’s late attempt to supplement the disciplinary record, imposed a two-year suspension, and stayed the suspension subject to monitoring, continuing legal education, restitution, and payment of costs.
Topics
Practice areas
Questions Presented
- Whether Stephan's late-filed affidavit and objections warranted remand to the disciplinary board or supplementation of the record.
- Whether Stephan violated Disciplinary Rules 1-102(A)(6), 6-101(A)(2), and 6-101(A)(3) by failing to adequately prepare for, complete, and communicate concerning Yarnall's legal matter.
- What sanction was appropriate in light of Stephan's neglect, lack of prior disciplinary record, good reputation, and absence of a dishonest or selfish motive.
Holdings
- The court denied Stephan's motions to remand the cause to the board or supplement the record because he failed to participate in the proceedings below and showed no exceptional circumstances warranting consideration of new material.
- Stephan violated DR 1-102(A)(6), DR 6-101(A)(2), and DR 6-101(A)(3) by accepting a legal matter without adequate preparation, failing to complete the retained legal work, failing to communicate with his client, and neglecting an entrusted legal matter.
- A two-year suspension from the practice of law, stayed in full on specified conditions, was appropriate.
Key quotations
“We will consider supplements to the record only under the most exceptional circumstances.” (¶ 5)
“We hereby suspend Stephan from the practice of law in Ohio for two years and stay the suspension on the conditions that Stephan” (¶ 8)
Factual background
Stephan represented Rosalind Yarnall in a divorce for a $1,500 fee and later accepted an additional $350 to prepare and file a qualified domestic-relations order. After the divorce court ordered each party to file a QDRO, Stephan failed to prepare Yarnall's QDRO, failed to communicate with her, and did not return the additional fee. Yarnall faced a contempt-related show-cause proceeding and hired substitute counsel to prepare and file the QDRO.
Procedural history
The Dayton Bar Association filed a disciplinary complaint after Stephan failed to complete QDRO work for a divorce client, failed to communicate with her, and retained an additional fee without performing the work or returning the fee. Stephan failed to answer the complaint or respond to the motion for default judgment. A master commissioner granted default judgment and recommended a stayed one-year suspension; the board adopted the misconduct findings and recommended a six-month suspension, restitution, and costs. The Supreme Court denied Stephan's motions to remand or supplement the record, found multiple Disciplinary Rule violations, and imposed a stayed two-year suspension with conditions.