Summary
The Supreme Court of Ohio indefinitely suspended John Robert Andrews from the practice of law for neglecting an entrusted legal matter, improperly withdrawing from representation, failing to pursue client objectives, and failing to return client property. The court also relied on his convictions for attempted tampering with evidence and attempted importuning, imposed no credit for time served under his interim suspension, and taxed costs to him.
Topics
Practice areas
Questions Presented
- Whether Andrews violated the specified Disciplinary Rules by neglecting and improperly withdrawing from the church board's legal matter, failing to pursue the client's objectives, failing to carry out his professional obligations, and failing to deliver client property.
- Whether Andrews's criminal conduct and convictions violated the Disciplinary Rules prohibiting illegal conduct involving moral turpitude and conduct adversely reflecting on fitness to practice law.
- What sanction was appropriate in light of the misconduct and the aggravating and mitigating factors.
Holdings
- Andrews violated DR 1-102(A)(5), 2-110(A)(2), 6-101(A)(3), 7-101(A)(1), 7-101(A)(2), and 9-102(B)(4) by neglecting the entrusted legal matter, improperly withdrawing, failing to seek and carry out the client's lawful objectives, and failing to deliver client property.
- Andrews's criminal conduct violated DR 1-102(A)(3) and DR 1-102(A)(6), which prohibit illegal conduct involving moral turpitude and conduct adversely reflecting on a lawyer's fitness to practice law.
- An indefinite suspension from the practice of law, with no credit for time served under the interim suspension, was warranted.
Key quotations
“Respondent is hereby indefinitely suspended from the practice of law with no credit for time served under his interim suspension.” (¶ 19)
Factual background
Andrews represented a church board of trustees in a civil action but failed to respond to discovery, motions to compel, or a motion for summary judgment, failed to inform the board of a dispositive hearing, and did not promptly provide the client’s case file or an accounting. The common pleas court granted summary judgment against the board after allowing Andrews to withdraw. Separately, Andrews was convicted after a no-contest plea of attempted tampering with evidence and attempted importuning arising from online conversations in which he solicited sexual activity from an adult posing as a thirteen-year-old girl. He received community control, community service, a fine, and a sexually oriented-offender registration requirement.
Procedural history
Disciplinary Counsel charged Andrews with misconduct arising from his representation of a church board of trustees and from criminal convictions. The disciplinary proceedings were stayed while the criminal case proceeded; after Andrews entered a no-contest plea and was convicted, the complaint was amended. A three-member board panel and then the Board of Commissioners adopted the stipulated findings and recommended an indefinite suspension without credit for Andrews's interim suspension. The Supreme Court of Ohio accepted the findings and recommendation.