Attorney Who Failed To Defend Civil Claim Must Pay The Judgment

The Ohio Supreme Court has imposed a stayed six-month suspension of an attorney who had mishandled the defense of a civil claim.

[Plaintiff] Needham, however, twice amended the complaint—first to add her grandfather, Charles Needham, as a plaintiff, and the second time to name Donald Jones, d.b.a. We Sell, as a defendant. The second amended complaint was served on Peck by e-mail and on Jones by certified mail, but Peck did not answer it. Consequently, the Needhams moved for default judgment against Donald Jones, d.b.a. We Sell. Peck failed to respond. Although Peck appeared at the hearing on the default motion, the court granted the motion, finding that he had not presented any evidence of excusable neglect or moved for leave to file an answer out of time. The court issued a judgment in favor of the Needhams for $6,206.89 in compensatory damages, trebled to $18,620.67 under the Consumer Sales Practices Act, punitive damages of $6,206.89 on their fraud claim, attorney fees of $1,100, and interest at the rate of 4 percent per annum. Peck did not appeal the trial court’s decision, and the parties stipulate that the court issued a certificate of judgment for $25,927.56.

After a garnishment, the attorney tried and failed to vacate the judgment. 

Also

In addition to mishandling the representation, Peck failed to provide Jones with information regarding his professional-liability-insurance carrier. At the hearing, he testified that he thought he had malpractice insurance but that he had missed the deadline to renew his policy and therefore lacked coverage.

A condition of the stay requires the attorney to pay the full judgment with interest. (Mike Frisch)