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In re Davidson8/31/2004
Disciplinary Action
The Disciplinary Commission has charged the respondent, Clifton Bruce Davidson, Jr., with six counts of attorney misconduct. Specifically, the Commission alleges that clients hired the respondent to represent them in various matters for which he accepted retainers and/or filing fees. After taking his clients' money, the respondent took little or no action on his clients' behalves and failed to respond to their inquiries about their cases. Ultimately, the respondent abandoned his law practice. Today we find, as did the hearing officer, that the respondent violated the Rules of Professional Conduct for Attorneys at Law and for this misconduct should be disbarred.
This action began on March 17, 2004, when the Disciplinary Commission filed a Verified Complaint for Disciplinary Action pursuant to Ind. Admission and Discipline Rule 23(12). This Court appointed a hearing officer pursuant to Admis.Disc.R. 23(11)(b) to hear this matter. The respondent failed to appear or to answer the Verified Complaint and on May 23, 2004, the Commission filed an Affidavit and Application for Judgment on the Complaint, pursuant to Admis.Disc.R. 23(14)(c). Pursuant to that pleading, the hearing officer filed Findings of Fact and Conclusions of Law on May 26, 2004. The hearing officer's report is now before us for final resolution as the final arbiters of misconduct and sanction. Matter of Morris, 656 N.E.2d 257 (Ind. 1995).
In related proceedings, on January 15, 2004, the Commission filed a Verified Emergency Petition for Order of Interim Suspension pursuant to Admis.Disc.R. 23(11.1) and a Verified Petition to Show Cause Why the Respondent Should Not be Suspended for Failure to Cooperate with the Disciplinary Process. This Court suspended the respondent on an interim emergency basis on March 26, 2004, and suspended the respondent on May 10, 2004 for his failure to cooperate with the disciplinary process. Both of these suspensions remain in effect.
The respondent's admission to this state's bar in 2001 confers disciplinary jurisdiction over this matter. Under Count 1 of the Verified Compliant, we now find that a client hired the respondent in July 2003 to file a discrimination suit against her employer and her union. Pursuant to a written attorney services contact, she paid the respondent $150 for the filing fee. The respondent neither filed suit nor responded to the client's numerous subsequent letters inquiring as to the status of the contemplated action. The client scheduled a meeting with the respondent at his office in November 2003, but the respondent cancelled the meeting.
Under Count 2, we find that in October 2003, a client hired the respondent to handle an employment discrimination matter. The client paid the respondent $800 towards a $1,500 retainer. The respondent did not file suit as requested by the client. Thereafter, the client was unable to contact the respondent, even to pay the balance of the retainer.
Under Count 3, we find that a client hired the respondent in July 2003 to handle a domestic relations matter. The client agreed to pay a $400 non-refundable retainer fee and $200 per hour for the respondent's services pursuant to a written fee agreement. The respondent filed a dissolution action on August 15, 2003. Thereafter, the client was unable to reach the respondent for information about his case and in January 2004, discovered the respondent had abandoned his law office.
Under Count 4, we find that in March 2003, a client hired the respondent to handle an employment claim against the United States Postal Service. The client paid the respondent a $2,000 non-refundable retainer fee. Afterwards, the respondent
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