TRUMBULL CTY. BAR ASSN. v. BENTZ, 50 Ohio St.3d 130 (1990)

552 N.E.2d 931

TRUMBULL COUNTY BAR ASSOCIATION v. BENTZ.

No. 89-2168Supreme Court of Ohio.Submitted February 13, 1990 —
Decided April 11, 1990.

Attorneys at law — Misconduct — Six-month suspension — Failing to initiate adoption proceedings after accepting fee — Respondent uncooperative during investigation by bar association and unconcerned with effect of misconduct on others.

ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 89-26.

In a complaint filed on June 19, 1989, relator, Trumbull County Bar Association, charged that respondent, Margaret Constantino Bentz, had violated, inter alia, DR 1-102(A)(4) (engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation), 6-101(A)(3) (neglecting an entrusted legal matter), 7-101(A)(2) (failing to carry out a contract for employment), and 9-102(B) (failing to preserve client’s property). The complaint also charged that respondent had violated Gov. Bar R. VI by failing to register as an attorney for the current biennial period. The matter was heard by a panel of the Board of Commissioners on Grievances and Discipline of the Supreme Court on October 18, 1989. At the hearing, respondent stipulated to the facts underlying the complaint, including that she had just filed her attorney registration fee.

According to the stipulations, Mr. and Mrs. Charles Grameth paid respondent $250 on October 25, 1988 to represent them in an adoption proceeding. In November 1988, when the Grameths asked respondent if she had initiated these proceedings, respondent represented that she had, and that a hearing had been scheduled for March 1989. The Grameths later learned, however, that nothing had been filed and, in December 1988, they asked respondent in writing to refund their money. Thereafter, the Grameths retained other counsel, and the adoption was completed in January 1989. Respondent did not repay the Grameths any part of the unearned fee until they filed a criminal theft charge against her. Respondent has since remitted the entire $250.

Based on the foregoing, as well as the submitted testimony and exhibits, the panel found violations of DR 1-102(A)(4), 6-101(A)(3), 7-101(A)(2)

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and Gov. Bar R. VI. The panel further found that respondent had violated DR 9-102(B)(4) by failing to promptly repay the Grameths’ money. Before making its recommendation, the panel considered that respondent was experiencing financial hardship during the events at issue. However, it also considered that respondent had been fairly uncooperative in relator’s investigation, and that she seemed largely unconcerned with her conduct’s effect on others. The panel recommended that respondent be suspended from the practice of law for six months. The board adopted the panel’s finding and its recommendation.

Daniel G. Keating and Thomas G. Carey, Jr., for relator.

Margaret Constantino Bentz, pro se.

Per Curiam.

We agree with the board’s findings of misconduct and its recommendation. Accordingly, respondent is hereby ordered suspended from the practice of law in Ohio for six months. Costs taxed to respondent.

Judgment accordingly.

MOYER, C.J., SWEENEY, HOLMES, DOUGLAS, WRIGHT, H. BROWN and RESNICK, JJ., concur.