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Richland County Bar Association v. Brickley12/4/2002
violated DR 6-101(A)(3) by promising to bring a lawsuit on a couple's behalf concerning a physical assault. The clients paid respondent a $400 retainer and $126 for a filing fee, but he did not file the action. In December 1999, respondent returned the couple's money, but during the interim, the statute of limitations on the clients' assault claim expired. G
. Respondent violated DR 1-102(A)(4) (engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation) and 6-101(A)(3) by promising to prepare and file a shared-parenting agreement for a client in March 1999. After the mother of the client's child missed several appointments to sign the agreement, respondent agreed to file an action on the client's behalf to obtain custody or be awarded visitation rights. In September or October 1999, respondent told his client that the necessary papers had been filed and that he was just waiting for them to be returned. But in November 1999, the client learned that respondent had not filed the papers and discharged him.
H.
. Respondent violated DR 6-101(A)(3) and 7-101(A)(1) by promising to prepare and file a client's 1998 income tax return. Respondent obtained an extension until August 1999 to file the return but did not return his client's calls or meet with her to finish the return. In October 1999, the client filed for bankruptcy and in December 1999, the client's bankruptcy trustee asked respondent for the client's tax return or her records. Respondent failed to provide them. Respondent later had a bookkeeping service prepare the 1998 return, and he so advised his client in March 2000, after she had filed a grievance against him.
. Respondent also agreed to file a motion to expunge a previous criminal conviction for this client. He never filed the motion, and the client retained the services of another attorney, who ultimately obtained the expungement.
I.
. In April 2000, respondent violated DR 6-101(A)(3) and 7-101(A)(2) after promising to complete a change of custody agreement for a client whose ex-wife had already agreed to the new arrangement. Respondent assured the client that the process would take only a few weeks and that he would prepare the agreed judgment entry. Respondent never filed the papers necessary to change custody of the client's child.
J.
. Respondent violated DR 1-102(A)(5) (engaging in conduct that is prejudicial to the administration of justice) and 7-101(A)(2) and (3) (intentionally causing client damage or prejudice) after he agreed to represent a client in several pending criminal matters, including two traffic offenses and a probation violation case. In March 2000, the client's husband paid respondent $3,100 with the understanding that all the money would go to court costs, fines, and fees for the reinstatement of his wife's driver's license. Respondent did not place these funds in a client trust account.
. In May 2000, respondent paid the client's fines and court costs in full, a total of $614. In November of that year, he sent a $1,359 check toward his client's $2,415 license reinstatement fee. Also in November, respondent took $1,754 in fees from the client's funds without authority from his client. He eventually returned $750 of his fee, but the check he wrote for the client's license reinstatement fee was returned for insufficient funds. Respondent later paid the license reinstatement fee. During the investigation of this misconduct, respondent tried to get his client's husband to sign a letter that respondent had prepared to send to the Richland Bar Association explaining respondent's use of the funds, but the husband refused.
K.
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