Supreme Court of Ohio

Opinion Summaries

Supreme Court Disbars Cleveland Attorney, Suspends Three

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In separate disciplinary actions announced today, the Supreme Court of Ohio permanently disbarred a Cleveland lawyer and imposed license suspensions against three other attorneys for professional misconduct.

2007-1917.  Cuyahoga Cty. Bar Assn. v. Wagner, Slip Opinion No. 2008-Ohio-1200.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 07-044.  Charles E. Wagner, Attorney Registration No. 0046937, is permanently disbarred from the practice of law in Ohio.
Moyer, C.J., and Pfeifer, Lundberg Stratton, O'Connor, O'Donnell, Lanzinger, and Cupp, JJ., concur.
Opinion: http://www.supremecourtofohio.gov/rod/docs/pdf/0/2008/2008-Ohio-1200.pdf

(March 20, 2008)The Supreme Court of Ohio has permanently revoked the law license of Cleveland attorney Charles E. Wagner for multiple violations of state attorney discipline rules arising from his mishandling and subsequent abandonment of several clients’ cases in U.S. Bankruptcy Court, and for his failure to cooperate with disciplinary authorities investigating  that misconduct.   

The Court adopted findings by the Board of Commissioners on Grievances & Discipline that, among other violations, Wagner engaged in conduct prejudicial to the administration of justice, conduct that adversely reflects on his fitness to practice, and intentionally failed to carry out a contract of professional employment.  The violations were a result of Wagner’s failure to correct errors and omissions in bankruptcy cases that he filed on behalf of four clients, and his subsequent failures to appear before the bankruptcy court in response to multiple show-cause orders or to make court-ordered refunds of the legal fees he collected from several clients.

Noting that Wagner’s license is already under an indefinite suspension imposed  in May 2007 for similar misconduct, and that he failed to answer the current disciplinary complaints or otherwise cooperate with investigating authorities, the Court found that permanent disbarment was the appropriate sanction.

Contacts

Ellen S. Mandell, 216.696.3525, for the Cuyahoga County Bar Association.

No current contact information for Charles E. Wagner.

2007-1922.  Butler Cty. Bar Assn. v. Williamson, Slip Opinion No. 2008-Ohio-1196.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 06-089.  Karl E. Williamson, Attorney Registration No. 0047204, is indefinitely suspended from the practice of law in Ohio.
Moyer, C.J., and Pfeifer, Lundberg Stratton, O'Connor, Lanzinger, and Cupp, JJ., concur.
O'Donnell, J., dissents.
Opinion: http://www.supremecourtofohio.gov/rod/docs/pdf/0/2008/2008-Ohio-1196.pdf

(March 20, 2008)Pursuant to findings and recommendations submitted by the Board of Commissioners on Grievances & Discipline, the Supreme Court of Ohio today indefinitely suspended the law license of Cincinnati attorney Karl E. Williamson for engaging in a sexual relationship with a female client while he was representing her in a domestic relations case. As aggravating factors, the Court found that Williamson lied to opposing legal counsel in the domestic relations case and to disciplinary authorities, and changed the date on a letter purporting to terminate his professional relationship with the client so that it appeared to coincide with a date after his last appearance on her behalf.

Contacts

Bennett A. Manning, 513.896.6671, for the Butler County Bar Association.

Karl E. Williamson, 513.896.6671.

2007-1919.  Toledo Bar Assn. v. Lowden, Slip Opinion No. 2008-Ohio-1199.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 07-007.  Jeffrey T. Lowden, Attorney Registration No. 0071548, is suspended from the practice of law in Ohio for one year, with the suspension to be served consecutively to respondent's current suspension.
Moyer, C.J., and Pfeifer, Lundberg Stratton, O'Connor, O'Donnell, Lanzinger, and Cupp, JJ., concur.
Opinion: http://www.supremecourtofohio.gov/rod/docs/pdf/0/2008/2008-Ohio-1199.pdf

(March 20, 2008) The Supreme Court of Ohio today imposed a new one-year suspension against Sylvania attorney Jeffrey T. Lowden for neglecting the criminal case of a client and failing to refund the client’s legal fee. Lowden’s license has been under a two-year suspension imposed in February 2006 for previous misconduct. In today’s order, the Court noted that reinstatement of Lowden’s license at the conclusion of the suspension period will require proof that he has refunded unearned legal fees to two clients, has continued treatment for a mental disorder that contributed to his disciplinary violations, and has been evaluated by a qualified health professional as competent to return to practice.

Contacts

Yulanda McCarty-Harris, 330.941.3370, for the Toledo Bar Association.

Jeffrey T. Lowden, 419.450.1532.

2007-1195.  Columbus Bar Assn. v. Willette, Slip Opinion No. 2008-Ohio-1198.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 06-052.  Philip Brian Willette, Attorney Registration No. 0019940, is suspended from the practice of law in Ohio for one year, with six months stayed.
Moyer, C.J., and Pfeifer, Lundberg Stratton, O'Connor, O'Donnell, Lanzinger, and Cupp, JJ., concur.
Opinion: http://www.supremecourtofohio.gov/rod/docs/pdf/0/2008/2008-Ohio-1198.pdf

(March 20, 2008)The law license of Pickerington attorney Philip B. Willette has been suspended for one year, with six months of that term stayed. 

In imposing that sanction, the Supreme Court adopted findings by the Board of Commissioners on Grievances & Discipline that Willette committed  multiple violations of state attorney discipline rules by participating in a contractual arrangement in which Willette received referrals of estate planning clients through mail and telephone solicitations by an out-of-state law firm, then improperly shared his fees and his clients’ confidential information with the out-of-state firm without the clients’ knowledge or consent.  Willette then referred clients to an insurance products salesman affiliated with the out-of-state firm to fund their living trusts without disclosing that he was contractually obligated to do so, and was contractually barred from making any other recommendation for funding the clients’ trusts.

Contacts

Bruce Campbell, 614.340.2053, for the Columbus Bar Association.

William Mann, 419.450.1532 for Philip Willette.


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