Columbus Bar Assn. v. Clovis

Summary

The Supreme Court of Ohio held that Charles Brandt Clovis committed professional misconduct by failing to act diligently for a client, charging an excessive fee, adversely reflecting on his fitness to practice law, failing to respond to disciplinary authorities, and failing to cooperate with the investigation. The court dismissed an alleged dishonesty violation for insufficient evidence and indefinitely suspended Clovis from the practice of law. Costs were taxed to Clovis.

Holdings

1. Clear and convincing evidence established that Clovis violated Prof.Cond.R. 1.3, 1.5(a), and 8.4(h), Gov.Bar R. V(4)(G), and Prof.Cond.R. 8.1(b) by accepting a retainer, failing to perform the promised legal work, charging an excessive fee, engaging in conduct adversely reflecting on his fitness to practice law, and failing to cooperate with the disciplinary investigation.
2. The allegation that Clovis violated Prof.Cond.R. 8.4(c) was dismissed because the record lacked sufficient evidence to establish the violation.
3. An indefinite suspension from the practice of law was warranted and imposed.

Questions Presented

1. Whether clear and convincing evidence established that Clovis violated the professional-conduct rules governing diligence, excessive fees, conduct adversely reflecting on fitness to practice law, and responses to disciplinary authorities.
2. Whether the allegation that Clovis engaged in dishonesty, fraud, deceit, or misrepresentation was supported by sufficient evidence.
3. What sanction was appropriate for Clovis's misconduct, including his failure to cooperate with the disciplinary investigation.

Disposition

other