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Cleveland Bar Association v. Johnson12/2/1998
Cite as Cleveland Bar Assn. v. Johnson (1998), ___ Ohio St.3d ___.
Attorneys at law - Misconduct - Permanent disbarrment - Violating a Disciplinary Rule - Engaging in conduct involving dishonesty, deceit, fraud, or misrepresentation - Neglect of an entrusted legal matter - Failing to carry out employment contract - Causing prejudice to client in course of professional relationship - Failing to promptly pay or deliver, on request, client funds or property to which client was entitled - Neglect or refusal to assist in disciplinary investigation - Indefinite suspension recently imposed in separate case.
Submitted August 19, 1998
On August 11, 1997, relator, Cleveland Bar Association, filed a complaint alleging that respondent, Mitchell L. Johnson, formerly of Mayfield Heights, Ohio (last known address Chicago, Illinois), Attorney Registration No. 0058430, violated six Disciplinary Rules and two Rules for the Government of the Bar. When Johnson failed to file an answer or otherwise plead to the complaint, relator filed a motion for default. The matter was submitted to a panel of the Board of Commissioners on Grievances and Discipline of the Supreme Court ("board").
Relator's complaint stemmed from Johnson's representation of Wesley Chrapko, who hired Johnson to file an employment-discrimination action on his behalf. Chrapko paid Johnson a $1,500 retainer and agreed to pay him $105 per hour. If the action was successful, Johnson was to receive one-third of any recovery, less any hourly fees already paid. Johnson filed the action in the Court of Common Pleas of Medina County; the action was subsequently removed to the United States District Court for the Northern District of Ohio.
In October 1995, Johnson told Chrapko that he needed $1,000 to retain an economist as an expert witness on the issue of damages. Chrapko wrote a check in that amount, payable to Johnson. Although Johnson negotiated the check, he did not retain, or even discuss the case with, any such expert. Chrapko later asked for his money back, but Johnson did not return it.
As the action proceeded in the federal court, Johnson repeatedly failed to provide discovery as required by Fed.R.Civ.P. 26. He also failed to attend a scheduled status conference and Chrapko's deposition. When the defendants filed a motion for summary judgment, Johnson failed to file a timely brief opposing the motion, and failed to request an extension until two weeks after his brief was due. The federal court granted summary judgment as to Chrapko's federal claims and remanded his state-law claim to the common pleas court. Eight days after the federal court granted partial summary judgment, Johnson filed a brief opposing summary judgment. Johnson never informed Chrapko what the federal court had done with his case.
During Johnson's representation of Chrapko, Chrapko filed for personal bankruptcy . The trustee in bankruptcy informed Johnson that Chrapko could no longer honor his agreement with Johnson for hourly fees, and could pay for Johnson's services only on a strict contingency basis. Johnson agreed to modify his fee agreement with Chrapko accordingly. Yet, despite this, Johnson later demanded an additional $1,000 from Chrapko. Johnson told Chrapko that "there were ways around the bankruptcy," and instructed Chrapko to have a third party issue a check to Johnson on his behalf. Chrapko complied with Johnson's demand, fearing that Johnson would not otherwise pursue his lawsuit.
On August 29, 1996, Chrapko finally fired Johnson. Chrapko asked that Johnson turn over his file and return the $1,000 paid to retain an expert witness. Johnson did not turn over Chrapko's file. This pre
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