423 N.E.2d 867
D.D. No. 81-1Supreme Court of Ohio.
Decided July 22, 1981.
Attorneys at law — Misconduct — Indefinite suspension — Acts warranting.
ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline.
The Ohio State Bar Association, relator herein, filed a complaint with the Board of Commissioners on Grievances and Discipline pursuant to Gov. R. V, charging Harry Donovan Lowe, respondent herein, with 12 violations of the Code of Professional Responsibility.
After a full hearing comprising seven days of testimony with respondent and his counsel present, the board dismissed six charges, but determined respondent had committed six violations of the Code of Professional Responsibility as enumerated below.
First, respondent was found by the board to have made misrepresentations to the Probate Court concerning land sale proceedings in that court, a violation of DR-1-102(A)(4) and DR-7-102(A)(3).
Second, the board found respondent had borrowed money against duplicate certificates of title to the same car, a violation of DR-1-102(A)(4) and (6).
Third, irregularities pertaining to the purchase and transfer to respondent of common stock in the First National Bank of McConnellsville with funds of Morgan Wood Chips, Inc., a client of respondent, resulted in a determination respondent violated DR-1-102(A)(4) and (6).
Fourth, respondent’s use of $7,000 in funds of his client Morgan Wood Chips, Inc., to purchase seven shares of Malta National Bank issued to respondent, resulted in a determination that this violated DR-1-102(A)(4) and (6).
Fifth, as secretary-treasurer of Morgan County Wood Chips, Inc., respondent endorsed a $3,500 company check and placed it in his own trustee account, and later used the funds to purchase three shares of Malta National Bank stock, causing the board to determine that respondent violated DR-1-102(A)(3), (4) and (6) and DR-9-102(B)(1) and (3).
Page 336
Sixth, the complaint listed 17 estates which respondent failed to handle and complete properly as attorney for the fiduciaries. Most of these estates have been concluded by respondent after charges were filed. For these cumulative delinquencies the board determined respondent violated DR-6-101(A)(3).
The board recommended that counts I, II, III, VI, X, and XI be dismissed. The board specifically found that respondent violated the Code of Professional Responsibility as set forth in count IV, a violation of DR-1-102(A)(4) and DR-7-102(A)(3), count V, a violation of DR-1-102(A)(4) and (6) and count XII, a violation of DR-6-101(A)(3), and should be given a public reprimand on these counts.
The board found respondent violated DR-1-102(A)(4) and (6) as alleged in counts VII and VIII, and violated DR-1-102(A)(3), (4) and (6), and DR-9-102(B)(1) and (3) as alleged in count IX and unanimously recommended for these violations that respondent be given an indefinite suspension from the practice of law.
Mr. John R. Welch, Mr. Albert L. Bell, Mr. William L. Clark an Mr. Emerson Cheek, III, for relator.
Preiser Wilson Co., L.P.A., Mr. Stanley E. Preiser and Mr. Frederick D. Fahrenz, for respondent.
Per Curiam.
Upon examination of the record and the findings of the board of commissioners, we conclude that there are ample facts to justify the board’s finding that respondent violated DR-1-102(A)(4) and (6), DR-1-102(A)(3), (4) and (6), DR-6-101(A)(3), DR-7-102(A)(3), and DR-9-102(B)(1) and (3) of the Code of Professional Responsibility.
Accordingly, respondent is hereby indefinitely suspended from the practice of law.
Judgment accordingly.
CELEBREZZE, C.J., W. BROWN, P. BROWN, SWEENEY, LOCHER, HOLMES and C. BROWN, JJ., concur.
Page 337