599 N.E.2d 258
No. 92-833Supreme Court of Ohio.Submitted July 29, 1992 —
Decided October 14, 1992.
ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 91-19.
On July 24, 1991, relator, Cuyahoga County Bar Association, filed a three-count amended complaint alleging misconduct against respondent, Sidney S. Mallory, Jr., Attorney Registration No. 0029414. Four months later, relator, Cleveland Bar Association, filed a ten-count complaint alleging misconduct against respondent. Among the violations alleged in both complaints were DR 6-101(A)(3) (neglect of a legal matter), 9-102(B)(4) (failure to return unearned fees), and 2-110(B)(3) (failure to withdraw from employment when mental or physical condition renders it unreasonably difficult to carry out employment effectively). The complaints were consolidated and these charges came on for hearing before a panel of the Board of Commissioners on Grievances and Discipline of the Supreme Court on February 26, 1992.
The relevant facts as to each count have been stipulated. Most of the counts involved activity between early 1989 and late 1990 and exhibited a common pattern: respondent would be retained, accept a flat fee from the client, start legal proceedings, and, then, without warning or explanation, cease all further activity on the client’s behalf. In some cases, respondent’s inaction resulted in unfavorable judgments against his clients. Respondent admits, moreover, to keeping approximately $7,800 in fees for work that he never finished. Nine of respondent’s aggrieved former clients testified, substantiating many of the allegations made in the consolidated complaints.
Respondent also testified, attributing his admitted misconduct to alleged physical problems that arose from two motor vehicle accidents in early 1989. Respondent claims that the two accidents sharply curtailed his ability to work by causing migraine headaches and reactivating a previously asymptomatic epileptic condition of longstanding duration. Medical evidence indicated that respondent had surgery for a benign postauricular tumor in May 1990.
Page 13
Respondent could not, however, produce medical evidence to substantiate the existence of his other alleged conditions.
The panel found respondent guilty of violating DR 6-101(A)(3) and 9-102(B)(4) as alleged in each complaint. It also found that respondent violated DR 2-110(B)(3) as charged in Counts II, III, IV and VI of the Cleveland Bar Association’s complaint. The panel, concerned by the lack of evidence corroborating respondent’s alleged medical problems, recommended that he be indefinitely suspended. The board adopted the panel’s findings of fact and conclusions of law. It also recommended that the cost of the proceedings be charged to respondent.
Michael E. Murman, Harvey A. Snider and Stuart I. Garson, for relators.
Sidney S. Mallory, Jr., pro se.
Per Curiam.
We concur in the findings and recommendation of the board. Respondent is hereby indefinitely suspended from the practice of law in Ohio. Costs taxed to respondent.
Judgment accordingly.
MOYER, C.J., SWEENEY, HOLMES, DOUGLAS, WRIGHT, H. BROWN and RESNICK, JJ., concur.