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Disciplinary Counsel v. Watson12/7/2005
hearing was actually a hearing on his reinstatement, and respondent confirmed under oath that he also considered the hearing a reinstatement proceeding.
{ } Relator advocated permanent disbarrment. Respondent urged dismissal of the complaint. Anticipating a recommendation that the board would recommend yet another suspension, however, respondent argued in the alternative for an order that any suspension be served concurrently with his previous suspensions, that he be provided with credit for time served, and that he be permitted to reapply immediately for reinstatement to the practice of law. Adopting the panel's recommendation, the board recommended, based on the extraordinary amount and nature of misconduct in this case, that respondent be permanently disbarred.
Review
{ } Respondent objects vigorously to the board's report, attempting at great length to undermine the board's reliance on the panel's credibility determinations. Upon review of this voluminous record, however, we find respondent's testimony as to the underlying events completely untrustworthy. Respondent's ability to tell the truth was described as "questionable" even by his own witness. Moreover, we simply do not believe, as respondent persistently insisted, that each witness who contradicted his version of the facts was either "a liar" or had testified to "an outright lie." We thus accept the panel's and the board's evidentiary assessments and find that respondent committed the cited violations of the Disciplinary Rules and Gov.Bar R. V(4)(G) and V(8)(E). Moreover, we agree that respondent's disbarrment is warranted.
{ } The evidence in this case is overwhelmingly clear and convincing. Respondent repeatedly neglected his clients' interests. He repeatedly misrepresented events or lied to his clients and others, including relator and the board. He repeatedly failed to do what his clients asked of him. He repeatedly took his clients' money, did nothing for it, and neither accounted for the funds nor returned the unearned portions. He repeatedly failed to return his clients' files on request. Respondent furthermore did not cooperate in the disciplinary process and has not made restitution. These ethical improprieties, respondent's significant record of professional discipline, and repeated violations of the court-ordered suspension of his license are ample reason for the recommendation to disbar. Cleveland Bar Assn. v. Glatki (2000), 88 Ohio St.3d 381, 726 N.E.2d 993.
{ } Respondent is therefore permanently disbarred from the practice of law in Ohio. Costs are taxed to respondent.
Judgment accordingly.
MOYER, C.J., RESNICK, PFEIFER, LUNDBERG STRATTON, O'CONNOR, O'DONNELL and LANZINGER, JJ., concur.
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