Summary
The Ohio Supreme Court indefinitely suspended Sherry Darlene Davis from the practice of law for misconduct involving neglect of client matters, failure to return client files and unearned fees, and failure to cooperate with disciplinary investigations. The court also conditioned reinstatement on fulfillment of prior and current suspension conditions and restitution to clients.
Topics
Practice areas
Questions Presented
- Whether Davis violated the Ohio Rules of Professional Conduct and Ohio disciplinary rules through lack of diligence, failure to return client files and unearned fees, failure to respond to disciplinary inquiries, and conduct prejudicial to the administration of justice.
- Whether the appropriate sanction for Davis's misconduct was an indefinite suspension from the practice of law.
- Whether Davis should be required to make restitution to her clients as a condition of any future reinstatement.
Holdings
- Davis violated Prof.Cond.R. 1.3, 1.16(d), 1.16(e), 8.1(b), 8.4(d), and 8.4(h), as well as Gov.Bar R. V(4)(G), through deficient representation, failure to return client files and unearned fees, failure to respond to disciplinary authorities, and conduct prejudicial to the administration of justice.
- Davis was indefinitely suspended from the practice of law in Ohio.
- Any future reinstatement was conditioned on Davis's proof that she paid $300 to Joann Taylor, provided an accounting to Cash Station and returned any unaccounted-for funds, and paid $2,500 to Steven O'Rourke, in addition to satisfying the conditions of both suspensions.
Key quotations
“Having considered the aggravating factors and the fact that no mitigating factors exist in this case, and having considered the sanctions previously imposed for comparable conduct, we adopt the board’s recommended sanction of an indefinite suspension.” (¶ 22)
“We condition any future reinstatement on the submission of proof that Davis has fulfilled the conditions of both her term suspension and her indefinite suspension and has made restitution as follows: $300 to Joann Taylor, an accounting to Cash Station and return of any funds not accounted for, and $2,500 to Steven O’Rourke.” (¶ 23)
Factual background
Davis accepted retainers and undertook legal work for clients in custody, garnishment, appellate, and estate-planning matters, but performed little or no work in several matters. After her license suspension, she failed to return client files and unearned fees, failed to respond to client communications, and failed to cooperate with disciplinary inquiries. The board found multiple aggravating factors, including prior discipline, a pattern of misconduct, failure to cooperate, refusal to acknowledge wrongdoing, and harm to vulnerable clients, with no mitigating factors.
Procedural history
Disciplinary Counsel charged Davis with three counts of professional misconduct. The parties stipulated to some facts and violations, and a board panel heard the remaining allegations. The panel and board recommended an indefinite suspension, with the board recommending that it run concurrently with Davis's existing suspension. The Supreme Court of Ohio adopted the findings and conclusions but imposed a separate indefinite suspension and ordered restitution.