Disciplinary Counsel v. Droe

[This decision has been published in Ohio Official Reports at 

.]




                    OFFICE OF DISCIPLINARY COUNSEL v. DROE.
              [Cite as Disciplinary Counsel v. Droe, 

.]
Attorneys at law—Misconduct—Permanent disbarment—Filing a lawsuit in
        common pleas court while under indefinite suspension and signing the name
        of another attorney as counsel, initialing that signature with respondent’s
        initials, and giving counsel’s address as respondent’s address–Two
        previous disciplinary proceedings.
      (No. 00-2283—Submitted January 31, 2001—Decided May 30, 2001.)
    ON CERTIFIED REPORT by the Board of Commissioners on Grievances and
                     Discipline of the Supreme Court, No. 00-70.
        Per Curiam.
        {¶ 1} In November 1996, we suspended respondent, William G. Droe of
Cleveland, Ohio, Attorney 

 from the practice of law for
one year with six months stayed. Cleveland Bar Assn. v. Droe (1996), 

, 

. Two years later, in December 1998, we suspended respondent
from the practice of law indefinitely. Cleveland Bar Assn. v. Droe (1998), 

, 

.
        {¶ 2} In October 1999, while under indefinite suspension, respondent filed
a lawsuit in the Cuyahoga County Court of Common Pleas, signing the name of
attorney David H. Drucker as counsel, initialing that signature with “WD,” and
giving counsel’s address as respondent’s address. Drucker did not give respondent
permission to sign his name nor did he maintain an office relationship with
respondent at the address stated in the complaint.
        {¶ 3} In March 2000, and again in April 2000, relator, Office of
Disciplinary Counsel, attempted to contact respondent by certified mail about this
incident.    The first correspondence was returned to relator’s office marked
                             SUPREME COURT OF OHIO




“unclaimed.” The second correspondence was returned, “moved, left no address.”
On August 14, 2000, relator filed a complaint charging that respondent’s conduct
violated DR 1-102(A)(3) (a lawyer shall not engage in illegal conduct involving
moral turpitude), 1-102(A)(4) (a lawyer shall not engage in conduct involving
dishonesty, fraud, deceit, or misrepresentation), 1-102(A)(5) (a lawyer shall not
engage in conduct prejudicial to the administration of justice), 1-102(A)(6) (a
lawyer shall not engage in any conduct which adversely reflects on the lawyer’s
fitness to practice law), 3-101(B) (a lawyer shall not practice law in a jurisdiction
where to do so would be in violation of regulations of the profession in that
jurisdiction), 7-101(A)(3) but incorrectly listed as (A)(2) (a lawyer shall not
intentionally prejudice or damage his client during the course of the professional
relationship), and 7-102(A)(8) (in representing a client, a lawyer shall not engage
in other illegal conduct or conduct contrary to a Disciplinary Rule). The relator
also charged that respondent violated Gov.Bar R. VI(1)(D), which requires that
each attorney keep the Attorney Registration Office of the Supreme Court advised
of his current address.
       {¶ 4} The complaint, served by the relator by certified mail, was received
by the respondent who failed to file an answer. The matter was referred to Master
Commissioner Harry W. White, and the relator filed a motion for default judgment.
The master commissioner found the facts as set forth above and concluded that
respondent violated the Disciplinary Rules and Rules for the Government of the
Bar as charged, except that he found no violation of DR 7-101(A)(3). The master
commissioner recommended that respondent be disbarred from the practice of law
in Ohio. The board adopted the findings, conclusions, and recommendation of the
master commissioner.
       {¶ 5} On review of the record, we adopt the findings and recommendation
of the board. Respondent is hereby permanently disbarred from the practice of law
in Ohio. Costs are taxed to respondent.




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                                January Term, 2001




                                                        Judgment accordingly.
       MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and
LUNDBERG STRATTON, JJ., concur.
                              __________________
       Jonathan E. Coughlan, Disciplinary Counsel, and Stacy Solochek Beckman,
Assistant Disciplinary Counsel, for relator.
                              __________________




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