Summary
The Ohio Supreme Court indefinitely suspended attorney Mark A. Douglas for abandoning two clients' bankruptcy matters, retaining their fees, misrepresenting the status of their cases, and failing to cooperate with disciplinary proceedings. The court ordered Douglas to pay restitution of $584 to Carolyn Wilson and $500 to Martha Sir Louis and taxed costs to him.
Topics
Practice areas
Questions Presented
- Whether Douglas violated the cited Ohio Disciplinary Rules by abandoning two bankruptcy matters, retaining unearned fees and client documents, misrepresenting the status of the matters, and failing to cooperate with the disciplinary investigation.
- Whether indefinite suspension, rather than permanent disbarment, was the appropriate sanction for the established misconduct.
- Whether Douglas should be ordered to make restitution to the two clients.
Holdings
- Douglas violated DR 1-102(A)(4), DR 6-101(A)(3), DR 7-101(A)(2), DR 7-101(A)(3), and DR 9-102(B)(4) by misrepresenting the status of his clients' bankruptcy matters, neglecting and abandoning those matters, failing to perform his employment contracts, prejudicing his clients, and failing to return funds to which they were entitled.
- Indefinite suspension from the practice of law in Ohio was the appropriate sanction for Douglas's misconduct.
- Douglas was required to pay restitution of $584 to Carolyn L. Wilson and $500 to Martha B. Sir Louis within 30 days.
Key quotations
“Upon consideration of the circumstances in this case, we accept the recommendation of the Board of Commissioners on Grievances and Discipline and impose an indefinite suspension.” (at 221)
“Accordingly, respondent is indefinitely suspended from the practice of law in Ohio and ordered to pay restitution of $584 to Wilson and $500 to Sir Louis within 30 days.” (at 224)
Factual background
Douglas accepted $500 from Martha B. Sir Louis and $584 from her daughter, Carolyn L. Wilson, to file personal bankruptcy petitions, but filed neither petition and did not return their fees or documents. He misrepresented to both clients that their bankruptcy cases had been filed and that trustee interviews would be rescheduled. He then abandoned his office and failed to provide updated contact information, and he ignored repeated notices and requests for responses during the disciplinary investigation and proceedings.
Procedural history
The Cleveland Bar Association filed a four-count professional-misconduct complaint. Douglas failed to respond to the grievances, complaint, and motion for default, leading to default proceedings before a master commissioner. The master commissioner recommended permanent disbarment, but the Board recommended indefinite suspension, which the Supreme Court adopted with an order of restitution.