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Disciplinary Counsel v. Watson12/7/2005
y replied on January 13, 2003, the day before his deposition. In his response and in his deposition, respondent falsely stated that he had consulted Lockhart prior to dismissing her case, that he did not make any settlement offers without consulting Lockhart, and that he did not continue to represent her after his suspension.
{ } The board found that respondent had thereby violated DR 1-102(A)(4) and 1-102(A)(5) and Gov.Bar R. V(4)(G).
Count IX
{ } On June 25, 2002, over one month after respondent's first suspension became effective, Kent Minshall, another attorney, received a telephone message stating that respondent had a very important message for him. When Minshall returned the call, respondent told him that he represented Mike Ibrahim, who was having trouble with a liquor-license transfer. During the conversation, respondent specifically referred to Ibrahim as his client, and he said nothing about his suspension from practice.
{ } Though respondent admitted that Ibrahim had been his client and that he had talked to Minshall in June 2002, respondent falsely represented under oath that he had not called Minshall about a client's legal concern. Respondent instead suggested that he had simply returned a call received on his cell phone to a number he did not recognize that turned out to be Minshall's.
{ } The board found that respondent's conduct in the Minshall incident and his explanation of it violated DR l-102(A)(4), l-102(A)(5), l-102(A)(6), and 3-101(B) and Gov.Bar R. V(8)(E).
Count X
{ } Respondent also represented Daniel Pipkins, a landlord, in December 1999, in connection with a series of claims or judgments that Pipkins had involving 20 different tenants. Pipkins paid respondent a $200 retainer and also entered into a contingent-fee agreement.
{ } After Pipkins had filed a case himself against one of the tenants, respondent mistakenly entered a notice of appearance on December 8, 1999, as the tenant's attorney. Respondent thereafter did not respond to a motion for summary judgment despite having received two extensions. When the last extension expired, respondent instead dismissed the complaint without Pipkins's knowledge or consent. Respondent later refiled the case but then failed to appear for a pretrial hearing and at a later show-cause hearing. The court consequently dismissed the case, and respondent never told Pipkins about the disposition.
{ } At about the same time, Pipkins asked respondent to pursue a claim against a second tenant. Respondent did nothing in the case. He was also supposed to collect 18 judgments that had been awarded to Pipkins but did no work in those cases.
{ } Pipkins asked several times for the return of his files. Respondent did not comply, keeping the files until June 2002. After his suspension, respondent asked Pipkins to allow one of his associates to continue as Pipkins's counsel. He promised Pipkins that he would look over the associate's shoulder until the cases were resolved.
{ } Respondent denied or could not recall these events during his deposition and falsely claimed at the panel hearing that he had informed Pipkins that his claim against the first tenant had been dismissed.
{ } The board found that in representing Pipkins, respondent had violated DR 1-102(A)(4), l-102(A)(5), l-102(A)(6), 2-103(A), 6-101(A)(3), 7-101(A)(2), 7-101(A)(3), and 9-102(B)(4).
Count XI
{ } Donna Baltz consulted respondent in early 2001 about representation in a medical-malpractice claim against the Cleveland Clinic. Baltz eventually paid respondent $1,500 so that he could obtain an expert medical
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