Cleveland Metro. Bar Assn. v. Gusley
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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Cleveland Metro. Bar Assn. v. Gusley, Slip Opinion No. 2012-Ohio-5012.] NOTICE This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published. SLIP OPINION NO. 2012-OHIO-5012 CLEVELAND METROPOLITAN BAR ASSOCIATION v. GUSLEY. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Cleveland Metro. Bar Assn. v. Gusley, Slip Opinion No. 2012-Ohio-5012.] Attorneys Misconduct Failure to act with reasonable diligence in representing a client Failure to set forth contingent-fee agreement in writing signed by a client Public reprimand. (No. 2012-0677 Submitted May 9, 2012 Decided October 31, 2012.) ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 11-117. __________________ Per Curiam. {¶ 1} Respondent, Mark Rudolf Gusley of Cleveland, Ohio, Attorney Registration No. 0056243, was admitted to the practice of law in Ohio in 1991. On December 5, 2011, relator, Cleveland Metropolitan Bar Association, charged respondent with professional misconduct arising from his failure to enter into a written contingent-fee agreement with a client and his failure to register for the SUPREME COURT OF OHIO electronic-filing system of the United District Court for the Northern District of Ohio, which resulted in respondent s not receiving notices of filings in the client s case and missing a filing deadline. {¶ 2} A panel of the Board of Commissioners on Grievances and Discipline considered the cause on the parties consent-to-discipline agreement. See BCGD Proc.Reg. 11. {¶ 3} In the consent-to-discipline agreement, Gusley stipulates to the facts as alleged in relator s complaint and agrees that his conduct violated Prof.Cond.R. 1.3 (requiring a lawyer to act with reasonable diligence in representing a client), 1.4(a)(3) (requiring a lawyer to keep the client reasonably informed about the status of a matter), and 1.5(c)(1) (requiring an attorney to have set forth a contingent-fee agreement in a writing signed by the client). Relator has agreed to the dismissal of the alleged violation of Prof.Cond.R. 3.4(c) (prohibiting a lawyer from knowingly disobeying an obligation under the rules of a tribunal). {¶ 4} The parties stipulate that mitigating factors include the absence of a prior disciplinary record, absence of a selfish motive, a timely good-faith effort to rectify the consequences of the misconduct by registering with the United States District Court for the Northern District of Ohio, and full and free disclosure and a cooperative attitude toward the disciplinary proceedings. The parties do not stipulate to any aggravating factors. See BCGD Proc.Reg. 10(B)(2)(a), (b), (c), and (d). Based upon these substantial mitigating factors, the parties stipulate that a public reprimand is the appropriate sanction for Gusley s misconduct. {¶ 5} The panel and board found that the consent-to-discipline agreement conforms to BCGD Proc.Reg. 11 and recommend that we adopt the agreement in its entirety. We agree that Gusley violated Prof.Cond.R. 1.3, 1.4(a)(3), and 1.5(c)(1) and that this conduct warrants a public reprimand. Therefore, we adopt the parties consent-to-discipline agreement, and we dismiss the charged violation of Prof.Cond.R. 3.4(c). 2 January Term, 2012 {¶ 6} Accordingly, Gusley is hereby publicly reprimanded for his violation of Prof.Cond.R. 1.3, 1.4(a)(3), and 1.5(c)(1). Costs are taxed to Gusley. Judgment accordingly. O CONNOR, C.J., and LUNDBERG STRATTON, O DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur. PFEIFER, J., dissents and would dismiss the complaint. __________________ Heather Zirke; and Walter & Haverfield, L.L.P., Darrell A. Clay, and Bonnie S. Finley, for relator. Steven G. Janik and Audrey K. Bentz, for respondent. ______________________ 3
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