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Disciplinary Counsel v. Watson12/7/2005
Submitted June 28, 2005
{ } Respondent, Michael Troy Watson of Cleveland, Ohio, Attorney Registration No. 0029023, was admitted to the Ohio bar in 1983. On May 22, 2002, we suspended respondent from the practice of law in Ohio for one year for professional misconduct. See Disciplinary Counsel v. Watson, 95 Ohio St.3d 364, 2002-Ohio-2222, 768 N.E.2d 617. On December 26, 2002, we suspended respondent for another two years for additional misconduct. The last year of the second suspension was stayed on conditions, and respondent was ordered to serve this suspension consecutively with the prior suspension. See Disciplinary Counsel v. Watson, 98 Ohio St.3d 181, 2002-Ohio-7088, 781 N.E.2d 212. We have never readmitted respondent to practice law in this state.
{ } On March 24, 2004, relator, Disciplinary Counsel, charged respondent in an amended 13-count complaint with numerous additional violations of the Code of Professional Responsibility. A panel of the Board of Commissioners on Grievances and Discipline heard the cause and made findings of misconduct and recommended respondent's permanent disbarrment. The board adopted the panel's report in full.
Misconduct
{ } The board agreed with the panel's dismissal of some alleged Disciplinary Rule violations for insufficient evidence. The board also accepted the panel's dismissal of Count XII, which the panel did at relator's request. All the misconduct found by the panel and board arose from respondent's representation of eight clients between 1999 and 2002.
Count I
{ } In January 2002, JoAnn M. Holsopple retained respondent to represent her in an employment-discrimination suit, accepting the case on a 40 percent contingent-fee basis. Respondent also requested a cash retainer, and Holsopple paid him a total of $2,000. Respondent filed suit in February 2002.
{ } Respondent did not inform Holsopple of his May 22, 2002 suspension until July 23, 2002. That day, respondent explained that he was turning over her file to another lawyer, but that he would still be Holsopple's attorney, just not lead counsel. He also asked Holsopple to write a letter to this court opposing his suspension, which she did. In another letter dated July 23, 2002, Holsopple expressed her gratitude that respondent had remained her attorney, albeit not as lead counsel.
{ } Holsopple did not know the other lawyer who was supposed to be on her case and apparently did not agree to the referral. In fact, respondent promised Holsopple that he would prepare her for depositions, answer all her questions, and instruct the second lawyer on what to say in court. In August 2002, respondent did prepare Holsopple for a deposition.
{ } Respondent also asked Holsopple to pay $500 of his retainer to the second lawyer so that he could pass the money back to respondent. Holsopple wrote a $500 check as requested, but she later stopped payment and called this court to inquire about the particulars of respondent's suspension. Thereafter, Holsopple repeatedly asked for her file, but neither respondent nor the second lawyer returned it. She finally got her file in October 2002, after she retained yet another lawyer. The new lawyer also asked for the return of Holsopple's retainer, but that has not been repaid.
{ } The board found that in representing Holsopple, respondent had violated DR 1-102(A)(4) (barring conduct involving dishonesty, fraud, deceit, or misrepresentation), 1-102(A)(5) (barring conduct prejudicial to the administration of justice), 1-102(A)(6) (barring conduct adversely reflecting on the lawyer's fitness to practice law), 2-103(A) (prohibiting one lawyer's unsolicited recommendat
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