Court Suspends Two Cleveland Attorneys
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In separate decisions announced today, the Supreme Court of Ohio suspended the licenses of Cleveland attorneys Donald S. Nance and William Dawson for violations of state attorney discipline rules.
2009-1145. Cleveland Metro. Bar Assn. v. Nance, Slip Opinion No. 2009-Ohio-5957.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 08-070. Donald S. Nance, Attorney Registration No. 0034086, is suspended from the practice of law in Ohio for one year, with six months stayed on conditions.
Moyer, C.J., and Pfeifer, Lundberg Stratton, O'Connor, Lanzinger, and Cupp, JJ., concur.
O'Donnell, J., concurs but would stay the entire suspension.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-5957.pdf 
(Nov. 19, 2009) The Supreme Court of Ohio today suspended the license of Cleveland attorney Donald S. Nance for one year, with the last six months of that term stayed on conditions, based on Nance’s repeated failures to comply with bankruptcy court filing requirements, failure to appear before the court to face contempt proceedings and failure to promptly comply with two court orders directing him to disgorge (give back) legal fees he had received from clients whose cases he mishandled. Nance was cited for civil contempt and fined by the bankruptcy court for his failures to appear and disgorge fees.
The Court adopted findings by the Board of Commissioners on Grievances & Discipline that Nance’s acts and omissions were in violation of the state attorney discipline rule that prohibits conduct that reflects adversely on an attorney’s fitness to practice.
The Court’s per curiam opinion was joined by Chief Justice Thomas J. Moyer and Justices Paul E. Pfeifer, Evelyn Lundberg Stratton, Maureen O’Connor, Judith Ann Lanzinger and Robert R. Cupp.
Justice Terrence O’Donnell concurred with imposition of a one-year suspension, but indicated that he would stay all 12 months on conditions.
Contacts
Heather M. Zirke, 216.696.3525, for the Cleveland Metropolitan Bar Association.
James Alexander, 216.291.1005, for Donald Nance.
2009-1115. Cleveland Metro. Bar Assn. v. Dawson, Slip Opinion No. 2009-Ohio-5959.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 08-072. William Dawson, Attorney Registration No. 0073025, is suspended from the practice of law in Ohio for six months.
Moyer, C.J., and Pfeifer, Lundberg Stratton, O'Connor, O'Donnell, Lanzinger, and Cupp, JJ., concur.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-5959.pdf
(Nov. 19, 2009) The Supreme Court of Ohio today imposed a six-month suspension against the license of Cleveland attorney William Dawson for professional misconduct in his handling of the case of two clients who were the defendants in an age-discrimination case.
The Court adopted findings by the Board of Commissioners on Grievances & Discipline that, as a result of Dawson’s failures to respond to the opposing party’s motions for partial summary judgment and to deem as admitted alleged statements set forth in the plaintiff’s pleadings, the court granted those motions and subsequently entered a default judgment awarding the plaintiff more than $184,000 in damages against Dawson’s clients. The Court also noted that Dawson failed to file a timely appeal of the default judgment, failed to notify his clients that he was not covered by malpractice insurance, and later defaulted on a settlement agreement with those clients after paying only $5,500 of a $22,000 judgment, and had the balance of that debt discharged in bankruptcy.
Writing for the Court, Justice Terrence O’Donnell agreed with the disciplinary board’s findings that Dawson had violated the state attorney discipline rules that prohibit neglect of an entrusted legal matter, failure to notify a client that the attorney lacks professional liability insurance, and engaging in conduct that adversely reflects on an attorney’s fitness to practice law. In light of aggravating factors in the case and the negative consequences that Dawson’s misconduct caused his clients, the Court rejected the disciplinary board’s recommended sanction of a conditionally stayed license suspension and instead imposed an actual six-month suspension from practice.
Contacts
Katherine A. Zimmerman, 216.696.3525, for the Cleveland Metropolitan Bar Association.
Alvin Mathews, 614.227.2312, for William Dawson.