Court Disbars Gallipolis Attorney, Suspends Two Others
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In separate disciplinary actions announced today, the Supreme Court of Ohio permanently disbarred attorney James R. Henry of Gallipolis and suspended the licenses of attorneys Karen K. Meade of Parkman and Frank X. Gresley of Middleburg Heights.
2010-1507. Disciplinary Counsel v. Henry, Slip Opinion No. 2010-Ohio-6206.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 10-040. James Russell Henry, Attorney Registration No. 0076478, is permanently disbarred from the practice of law in Ohio.
Brown, C.J., and Pfeifer, Lundberg Stratton, O'Connor, O'Donnell, Lanzinger, and Cupp, JJ., concur.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2010/2010-Ohio-6206.pdf
(Dec. 22, 2010) The Supreme Court of Ohio today permanently revoked the law license of attorney James Russell Henry of Gallipolis for engaging in a pattern of misconduct in which he neglected the entrusted legal matters of multiple clients, failed to refund unearned fee advances or return critical documents to those clients after they terminated their relationship with him, and refused to cooperate with disciplinary authorities during the investigation of any of the client grievances filed against him.
In a 7-0 per curiam opinion, the Court adopted findings by the Board of Commissioners on Grievances & Discipline that Henry’s conduct constituted multiple violations of, among others, the state disciplinary rules that require an attorney act with reasonable diligence in representing clients and to cooperate with disciplinary investigations, and that prohibit attorneys from engaging in conduct prejudicial to the administration of justice, conduct that reflects adversely on a lawyer’s fitness to practice, failure to promptly return documents and refund unearned fees to which a client is entitled, and failure to keep clients reasonably advised about the status of their cases.
In setting the sanction for his misconduct, the Court noted the aggravating factors that Henry committed multiple offenses over a three-year period, caused harm to vulnerable clients, and had failed to respond to repeated communications from disciplinary authorities or to acknowledge the wrongful nature of his conduct. The Court noted that the presumptive sanction for attorneys who accept retainers and then fail to carry out contracts of employment is disbarment, because such conduct is “tantamount to theft of the fee from the client.” The court concluded: “Respondent’s pattern of neglect and failure to perform as promised, followed by his failure to return unearned fees and client documents and his complete disregard for the ensuing disciplinary proceedings warrants his permanent disbarment.”
Contacts
Jonathan E. Coughlan, 614.461.0256, for the Office of Disciplinary Counsel.
James Henry, pro se, 740.446.7889.
2010-1494. Disciplinary Counsel v. Meade, Slip Opinion No. 2010-Ohio-6209.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 10-021. Karen Kaye Meade, Attorney Registration No. 0017600, is indefinitely suspended from the practice of law in Ohio.
Brown, C.J., and Pfeifer, Lundberg Stratton, O'Connor, O'Donnell, Lanzinger, and Cupp, JJ., concur.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2010/2010-Ohio-6209.pdf
(Dec. 22, 2010) The law license of Parkman attorney Karen Kaye Meade has been suspended indefinitely for neglecting legal matters entrusted to her by several different clients, including a case in which her failure to file a timely appeal of a deportation order resulted in her client’s loss of her right to appeal,
and for failing to cooperate with disciplinary authorities investigating the grievances filed against her
In a 7-0 per curiam decision announced today, the Supreme Court adopted findings by the Board of Commissioners on Grievances & Discipline that Meade’s acts and omissions violated the state attorney discipline rules that require a lawyer to act with reasonable diligence in representing a client and to protect a client’s interests when representation is terminated, and that prohibit attorneys from engaging in conduct prejudicial to the administration of justice and conduct that reflects adversely on a lawyer’s fitness to practice.
In light of content in the case record suggesting that mental health issues may have been a factor in Meade’s rule violations, including her repeated failures to appear for scheduled depositions or respond to investigators’ requests for information, the Court imposed an indefinite suspension and ordered that any future license reinstatement would require proof from medical professionals that Meade’s mental health problems have been resolved and that she is able to return to the competent, ethical and professional practice of law.
Contacts
Jonathan E. Coughlan, 614.461.0256, for the Office of Disciplinary Counsel.
Karen Meade, pro se, 216.696.3327.
2010-1460. Cleveland Metro. Bar Assn. v. Gresley, Slip Opinion No. 2010-Ohio-6208.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 10-017. Frank X. Gresley, Attorney Registration No. 0079530, is suspended from the practice of law in Ohio for two years, with six months stayed on conditions.
Brown, C.J., and Pfeifer, Lundberg Stratton, O'Connor, O'Donnell, Lanzinger, and Cupp, JJ., concur.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2010/2010-Ohio-6208.pdf
(Dec. 22, 2010) The Supreme Court of Ohio today suspended the law license of Middleburg Heights attorney Frank X. Gresley for two years, with the final six months of that term stayed on conditions, for agreeing to represent seven different clients but failing to complete the legal matters for which he was retained, failing to respond to client inquiries and requests for fee refunds and the return of their case files, and failing to initially cooperate with the investigation of the client grievances filed against him.
The Court adopted findings by the Board of Commissioners on Grievances & Discipline that Gresley agreed to represent clients in several bankruptcy cases, a divorce action and a child custody suit, but in each case failed to file required documents, appear at scheduled court proceedings, or take other necessary actions to bring the clients’ cases to completion. The Court also found that Gresley cut off communications with each of the complaining clients, and except in one case where he was ordered to do so by the bankruptcy court, failed to return client files or to refund the unearned portion of fee advances despite repeated requests by the clients.
While Gresley initially failed to respond to inquiries or appear for a scheduled deposition by the Cleveland Metropolitan Bar Association regarding the grievances filed by his client, he subsequently did cooperate with disciplinary authorities and entered into stipulations admitting his misconduct and a joint recommendation for sanctions.
Pursuant to the board’s acceptance of those stipulations, the Court today suspended Gresley’s license for two years with the final six months stayed on the conditions that he make a full accounting to the affected clients for the fees they paid him, make full restitution to each client for unearned fees, and return to his clients all files and other materials to which they are entitled.
Contacts
Michael Hughes, 216.515.1624, for the Cleveland Metropolitan Bar Association.
Frank X. Gresley, pro se, 440.541.2520.
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