 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Cuyahoga County Bar Association v. Kelley12/29/2004
Submitted September 15, 2004
{ } Respondent, Elliott Ray Kelley of Cleveland, Ohio, Attorney Registration No. 0009587, was admitted to the practice of law in Ohio in 1963. On December 4, 2003, in its third amended complaint, relator, Cuyahoga County Bar Association, charged respondent with having violated the Code of Professional Responsibility while representing three different clients. Respondent answered on January 13, 2004. A panel of the Board of Commissioners on Grievances and Discipline heard the cause on February 6, 2004. Based on the exhibits and testimony, the panel made findings of fact, conclusions of law, and a recommendation.
{ } The first of the three matters before the panel began in 1998 when respondent was hired by a family friend to represent her in her capacity as the guardian of the estate of her sister. In June 1999, a notice to file an inventory was issued. When that inventory was not forthcoming, a motion to remove the guardian was filed.
{ } On September 22, 1999, an inventory was filed. Unfortunately, it was incomplete, omitting, among other things, several certificates of deposits in the guardianship's name contituting significantly greater assets than previously disclosed.
{ } A second motion to remove the guardian was filed in the spring of 2003 after a notice to file an account was ignored. Shortly thereafter, respondent moved to expend funds from the guardianship account for attorney fees, but only after he had already withdrawn $1,095 from the account for that purpose. That motion was eventually dismissed for want of prosecution after respondent failed to attend the hearing thereon, and no order was ever entered that authorized the payment of these fees.
{ } On June 29, 2001, the guardian was removed and respondent was replaced as counsel. Later that year, the ward died, and in March a successor guardian was appointed. The successor guardian had considerable difficulty securing accurate and complete records from respondent. The successor eventually determined that significant estate assets had been omitted from the inventory filed by respondent and that approximately $15,000 of estate assets remained unaccounted for because of, among other things, respondent's failure to maintain accurate records of the estate's affairs. The successor also concluded that the former guardian had converted significant estate assets to her own use. Finally, the successor noted respondent's receipt of attorney fees from the guardianship account without prior authorization.
{ } Other irregularities were also unearthed during the investigation. Relator discovered that respondent had not registered with the Supreme Court or apprised the court of his correct address. Relator also additionally learned that respondent had not carried malpractice insurance and had not informed his client of that fact. Relator also alleged that respondent ignored its discovery requests and failed to attend a scheduled deposition.
{ } Respondent tried to excuse his misconduct by attributing the deficient records to the guardian and to the guardian's efforts to characterize expenditures that directly benefited the guardian as allowable expenses of the estate. Respondent asserts that he provided all the records he had and noted that he ultimately appeared for his deposition. He also testified that none of his errors was motivated by fraud or dishonesty and that he was just trying to help his clients the best way that he could.
{ } Relator alleged numerous disciplinary violations. The panel dismissed four of them for lack of clear and convincing evidence. It did, however, find violations of DR1-102(A)(6) (barring conduct adver
Page 1 2 3 Ohio Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|