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Court Suspends Cincinnati, Cleveland Lawyers
In separate disciplinary actions announced today, the Supreme Court of Ohio suspended the licenses of attorneys Larry Wendall Keller of Cincinnati and Terry Lynn Stranke of Cleveland.
2006-0437. Disciplinary Counsel v. Keller, 2006-Ohio-4354.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 05-018. Larry Wendall Keller, Attorney Registration No. 0003670, is suspended from the practice of law in Ohio for two years, with 18 months stayed on conditions.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-4354.pdf
(Sept. 6, 2006) The law license of Cincinnati attorney Larry Wendall Keller has been suspended by the Supreme Court of Ohio for two years, with the final 18 months stayed, for multiple acts of misconduct in his representation of an elderly woman in a personal injury case.
The Board of Commissioners on Grievances & Discipline found that 82-year-old Ann Thompson, who had been injured in a car accident, hired Keller in 2001 to pursue a personal-injury claim. She entered into a contingency-fee agreement, but Keller failed to inform Thompson that he did not carry malpractice insurance. Keller made some efforts on Thompson's behalf, but then began ignoring her calls. In late 2002, Keller falsely told Thompson that a lawsuit had been filed on her behalf and the case was progressing. Keller then continued to ignore her calls.
In July 2003, Thompson wrote a letter to Keller to terminate his services. Later that month, Keller called Thompson and falsely stated that he had received a $30,000 settlement offer and that if Thompson accepted the offer, he would not charge her for his services. Thompson requested the offer in writing, but Keller never complied. Thompson later obtained other counsel who discovered no lawsuit had ever been filed. She subsequently obtained a default judgment in a malpractice action against Keller in the amount of $102,800, which remains unsatisfied.
The board found that Keller's actions violated the state attorney discipline rules that prohibit neglect of an entrusted legal matter; conduct involving fraud, deceit, dishonesty or misrepresentation; conduct that is prejudicial to the administration of justice; conduct that adversely reflects on a lawyer's fitness to practice law and barring an attorney from attempting to exonerate himself or limit his liability to a client for personal malpractice. The board also found a violation of the state bar governance rule that requires an attorney to notify clients that he does not carry a minimum amount of professional-liability insurance.
In today's 7-0 per curiam decision, the Court adopted the board's findings and its recommendation that the appropriate sanction for Keller's misconduct was a two-year suspension with 18 months of that term stayed on conditions.
In recommending that sanction, the board noted as aggravating favors Thompson's vulnerability and the harm that Keller's misconduct caused her. The board also found that Keller's neglect was aggravated by his dishonest misrepresentations to Thompson that her case was being pursued and later that it had been settled, and by his failure to attempt to remedy the harm caused to her. As a mitigating factor the board noted that Thompson had no prior disciplinary record. Also noted were Keller's chemical dependency, his participation in the Ohio Lawyers Assistance Program (OLAP) and Alcoholics Anonymous, and his sobriety since April 2005. The board also considered that Keller was affected by a series of unfortunate events at the time of his misconduct, including the murder of his adopted daughter, the subsequent trial of her killer and a painful divorce. Keller also showed genuine remorse throughout the disciplinary process, in which he admitted to the misconduct.
In staying the final 18 months of Keller's suspension, the Court imposed the conditions that Keller commit no further misconduct during the two-year suspension period and that he continue to comply with his contract with OLAP. The Court also ordered Keller to make restitution in the amount of $102,800 with interest to Thompson before he may apply to be reinstated to the practice of law.
Contacts
Joseph Caligiuri, 614.461.0256, for the Office of Disciplinary Counsel.
Larry Wendall Keller, pro se: 513.522.2000.
2006-0731. Disciplinary Counsel v. Stranke, 2006-Ohio-4357.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 05-081. Terry Lynn Stranke, Attorney Registration No. 0043184, is suspended from the practice of law in Ohio for six months.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Opinion: http://www.supremecourtofohio.gov/rod/newpdf/0/2006/2006-Ohio-4357.pdf
(Sept. 6, 2006) The Supreme Court of Ohio today suspended for six months the law license of Cleveland attorney Terry Lynn Stranke for multiple violations of the Code of Professional Responsibility in his dealings with two clients in bankruptcy cases, including engaging in deceitful behavior and practicing law in a jurisdiction to which he had not been admitted.
The Board of Commissioners on Grievances & Discipline found that from October 2003 to Dec. 22, 2003, while Stranke was affiliated with WJW Enterprises, an organization that purported to help customers save their homes from foreclosure, he represented customers Shane and Cheryl Keyton and Etta Caver before the Bankruptcy Court for the Southern District of Ohio despite the fact that he was not admitted to practice in that court. In addition, the board found that Stranke was not in good standing with the Ohio bar for noncompliance with Supreme Court attorney registration requirements.
The Board found that Stranke, who was paid for his representation through WJW, signed but did not appropriately review the documents submitted to the court on behalf of the Keytons and Caver, which contained errors and omissions. The bankruptcy court later issued notices of deficient filings in both cases. Stranke was ordered by the court to return attorney fees both customers had paid him, and Stranke complied. The Keytons' case ultimately was dismissed for Stranke's failure to respond to the trustee's motion to dismiss, and new counsel was appointed in the Caver case.
In today's 7-0 per curiam decision, the Court agreed with findings by the disciplinary board that Stranke had engaged in conduct involving fraud, deceit, dishonesty or misrepresentation; violated the rule prohibiting a lawyer from practicing law in a jurisdiction where to do so would be in violation of regulations of the profession in that jurisdiction; and neglected a legal matter entrusted to him. In the Keyton case, Stranke also was found to have shared legal fees with a non-lawyer.
In setting the sanction for Stranke's offenses, the Court noted as mitigating factors that he had no prior record of professional discipline, had not acted out of dishonesty or selfishness, had made timely and good faith efforts to pay sanctions and to disgorge funds as ordered, and had cooperated in the disciplinary proceedings. As an aggravating factor, the Court found that Stranke had committed multiple offenses.
The Court adopted the board's recommendation that Stranke's license be suspended six months.
Contacts
Stacy Solocheck Beckman, 614.461.0256, for the Office of Disciplinary Counsel.
Timothy Thomas Brick, 216.241.5310, for Terry Lynn Stranke.
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