Opinion
No. 89-719
Submitted July 11, 1989 —
Decided October 4, 1989.
Attorneys at law — Misconduct — Indefinite suspension — Misappropriation and conversion of funds.
ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 37-87-B.
By a complaint filed December 9, 1987, relator, Columbus Bar Association, charged respondent, Terence L. Ryan, with five counts of misconduct involving violations of DR 1-102(A)(1) (violating a Disciplinary Rule), 1-102(A)(3) (engaging in illegal conduct), 1-102(A)(5) (engaging in conduct prejudicial to the administration of justice), 1-102(A)(6) (engaging in conduct that adversely reflects on an attorney's fitness to practice law), 2-106 (charging an excessive fee), 6-101 (failing to provide competent representation), 7-101(A) (failing to provide zealous representation), and 9-102 (failing to preserve the identity of a client's funds and property). In his answer, respondent denied all of the counts. He also reserved the right to declare mental illness as an affirmative defense pursuant to Gov. Bar R. V(12).
The matter was heard by a panel of the Board of Commissioners on Grievances and Discipline of the Supreme Court ("board") on February 28, 1989. At the hearing, the parties submitted and elaborated on stipulations regarding the alleged misconduct. With respect to Count One, the evidence established that respondent had failed to register to practice law in Ohio from September 1, 1985 until September 1, 1987. With respect to Count Two, the evidence indicated that respondent was involved in a real estate transaction during which he was given funds to pay certain taxes and assessments, some portion of which was apparently never paid. The evidence relevant to Count Three showed that respondent was the attorney for the estate of Harold Bellamy and that respondent misappropriated $25,175.25 from the estate and converted it to his own use. With respect to Count Four, a series of other claims involving misappropriation and conversion was established by the evidence. Count Five was dismissed for lack of evidence.
Based on the foregoing, the panel found violations of all the Disciplinary Rules cited in the complaint. The panel also determined that respondent was suffering from chronic substance abuse. The panel considered evidence of respondent's dependency problems and his qualification for treatment in lieu of conviction pursuant to R.C. 2951.041 after his indictment in connection with his mishandling of the Bellamy estate. However, the panel recommended that respondent be indefinitely suspended from the practice of law in Ohio because of the magnitude of his misconduct. The board adopted the panel's findings and its recommendation.
Ransier Ransier, Frederick Ransier III, Bruce Campbell, Cotruvo Cusack and Mary Jo Cusack, for relator.
Frank A. Ray, for respondent.
Having thoroughly reviewed the record, we concur in the board's findings and recommendation. Respondent is hereby suspended indefinitely 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.