Revocation Sought For Admission Non-Disclosures

An upcoming Ohio Supreme Court oral argument is previewed by Dan Trevas

In re: Application of Michael A. Callam, Case no. 2016-1240
Board of Commissioners on Character and Fitness

The Board of Commissioners on Character and Fitness recommends that Michael A. Callam’s right to practice law be revoked and that he not be permitted to reapply for admission in Ohio. The board initiated an investigation of Callam after he was indicted in April 2015 for insurance-related crimes, and questions were raised about whether he fully disclosed material to the board before he was permitted to take the July 2014 bar exam.

Callam Sold Insurance Before Entering Law
Callam was admitted to practice law in 2014 and joined a Chagrin Falls law firm. Prior to entering law school in 2011, Callam obtained a license to sell insurance and opened a restaurant with his brother.

Callam’s father, William Callam, previously sold insurance but lost his license in 2007 and was convicted of a felony related to misappropriation of client funds. Callam said he was unaware his father didn’t have a license when his father met with prospective clients at Callam’s restaurant. Often William Callam would negotiate an insurance sale and his son would sign the application. On other occasions, Callam’s father would sign Callam’s name to the insurance application. Callam indicated he authorized the practice because he believed his father had an insurance license.

One of Callam’s insurance client’s complained to the insurer Equitrust that she was dissatisfied and that William Callam had misrepresented the policy to her. She told the insurer she dealt exclusively with Callam’s father, and when Equitrust contacted Michael Callam, he said that is when he learned his father lost his insurance license. Callam’s father drafted a response to Equitrust that Callam signed, stating Callam himself dealt personally with the client.  The client’s claim was denied, and she sued the company and the Callams.

The incident prompted an investigation by the Ohio Department of Insurance, which interviewed Callam for about an hour and found that in several instances he claimed to meet with clients when only his father met with them and sold the policies. Callam filed his application to take the bar exam in March 2014, two months after the insurance department interview without mentioning any difficulties with the department to the Ohio Supreme Court’s Office of Bar Admissions. He later testified he believed the matter was resolved after the interview in spite of the fact that the department asked him to follow up with a list of insurance clients.

Callam also sold the restaurant in early 2014, and the buyer, LG Mayfield LLC, filed suit against Callam three weeks before the July bar exam. Callam didn’t disclose the lawsuit to the bar admissions office. In September 2014, the insurance department called Callam back for a second interview in which investigators presented evidence that found Callam had lied to them about his role in the insurance sales.

Callam expressed concern about his future legal career and ultimately agreed to surrender his insurance license, which happened while he was awaiting his bar exam results and was under the obligation to update his bar application. Callam didn’t update his application and began working at the Gertsburg Law Firm in Chagrin Falls. He joined the firm as a practicing attorney once he passed the bar and was admitted to practice law.

In 2015, Callam and his father were indicted for selling insurance without a license, and the Geauga County prosecuting attorney sent a letter to the bar admissions office expressing concern about Callam’s character.

Panel Considers Claims
A three-member panel of character and fitness commission heard testimony from Callam’s employer and his girlfriend, who is also an attorney, both of whom testified that Callam apologized for the mistakes in judgment he made, and believed that Callam should be able to continue to practice law.

In addition to questioning Callam’s handling of the insurance violation, the commission also considered his incomplete reporting of violations to the law school he attended. When registering for bar admission in 2012, Callam disclosed two operating a vehicle while intoxicated (OVI) convictions, one in 2001 and a second in 2011. Akron Bar Association attorneys screening Callam’s admission noted the second OVI had not been reported to his law school. Callam told the interviewers his attorney told him he didn’t need to report the incident, but he then agreed to report it.

Callam told the panel the reason he didn’t initially report the OVI was that his attorney told him not to report it “even after the situation was resolved.” However, Callam produced a letter from attorney Barry Doyle, who told him he didn’t have to disclose the letter on his law school application because the matter had not yet been resolved. The panel concluded it didn’t counsel him not to disclose the charge after the matter was resolved.

The panel also noted that Callam had disregarded his duty to disclose the LG Mayfield lawsuit and the lawsuit filed by the insurance client. The disclosures would have prompted an earlier investigation of his fitness to practice law before he was sworn in, the panel concluded.

“By failing to disclose, Mr. Callam was able to gain an advantage over applicants who followed the rules and were forthright in their disclosure. As a result, Mr. Callam has now been practicing law for eighteen months and can argue that he should be allowed to continue because nothing has occurred during that time to place his clients at risk. Among other things, this ignores the fact that he placed his employer at risk by not disclosing his felony indictment so it could be reported to his employer’s malpractice carrier,” the panel wrote in its report. “Mr. Callam’s conduct was egregious and certainly impacts his ability to meet the essential eligibility requirements, specifically his ability to conduct himself with a high degree of honesty, integrity, and trustworthiness in all professional relationships and with respect to all legal obligations.”

Callam Maintains Sanction Unfair
In his response to the board’s recommendation, Callam argues that revocation of his law license and preventing him from reapplying is the equivalent of disbarment. He argues the sanction is greater than others accused of similar actions and he requests a stayed suspension.

The commission cites only the Supreme Court’s 2015 In Re Application of Wahidy as the basis for recommending Callam not be allowed to reapply for admission. Callam asserts the attorney in Wahidy failed to provide complete and accurate information on his application, during his screening interviews, and during a panel hearing. In contrast, Callam suggests he admitted his mistakes at his admission interview and testified candidly before the panel, acknowledging and explaining his mistakes.

Since Callam has practiced law for almost two years, he suggests his case be treated similar to an attorney discipline matter and that his sanction be based on those of penalties levied on other lawyers. He cited Dayton Bar Assn. v. Kinney (2000), where the Court presumed an actual suspension is warranted when an attorney engages in conduct involving dishonesty, fraud, deceit, or misrepresentation, and found that mitigating factors justify a sanction less than actual suspension.

“As a result of making misrepresentations to Equitrust and the Ohio Department of Insurance in an effort to protect his father, Michael Callam has surrendered his Ohio insurance license for cause, has been indicted, entered a plea to a misdemeanor and now has a criminal record; and is involved in these proceedings,” Callam’s response stated. “Did Michael Callam trust his father to his detriment? Yes. Should Michael Callam forever lose his license to practice law in Ohio? No.”

Callam argues that a stayed suspension still will “send a message” to bar applicants that failure to update their applications will result in sanctions.

Friend-of-the-Court Brief
An amicus curiae brief supporting Callam has been submitted by the Gertsburg Law Firm. The firm describes Callam as instrumental in serving its nearly 300 clients and that he has “an incredibly strong work ethic” and “cares deeply about the practice of law.” The firm states that Callam has learned his lesson and is remorseful, and it believes he will not repeat his mistakes.

The Akron Bar Association did not file a merit brief in the case and is not permitted to present oral arguments. The Court approved a request for Callam to share his oral argument time with the Gertsburg Law Firm.

– Dan Trevas

Docket entries, memoranda, briefs (including amicus briefs), and other information about this case may be accessed through the case docket.

Contacts
Representing the Board of Commissioners on Character & Fitness: Damien Kitte, 614.464.5482

Representing Michael A. Callam: Mary Cibella, 216.344.9220

The argument is scheduled for February 7. (Mike Frisch)