Tantamount To Theft
A string of disciplinary violations has resulted in an order of permanent disbarment from the Ohio Supreme Court
No mitigating factors and six aggravating factors are present in this case. As noted above, Vick has previously been disciplined for similar acts of misconduct, including the neglect of six client matters, the failure to reasonably communicate with those clients, the misappropriation of client funds, and the failure to cooperate in the ensuing disciplinary investigation. See Gov.Bar R. V(13)(B)(1); Vick, 168 Ohio St.3d 683, 2022-Ohio-2541, 200 N.E.3d 1118. A significant part of Vick’s misconduct in the Lupica and Rector matters occurred contemporaneously with the misconduct at issue in his earlier disciplinary case. He also failed to cooperate in the investigation of his alleged misconduct with respect to Lupica and Rector and engaged in additional misconduct in the Campbell matter—even as he stipulated to engaging in the same types of misconduct in his earlier case. See Gov.Bar R. V(13)(B)(5).
The four remaining aggravating factors consist of Vick’s selfish motive, his commission of multiple offenses, his failure to acknowledge the wrongful nature of his misconduct, and his failure to make restitution to Lupica and Campbell. See Gov.Bar R. V(13)(B)(2), (4), (7), and (9).
As part of the sanction for his grand-theft conviction, Vick has been ordered to pay restitution of $3,500 to Lupica and $3,000 to Campbell. Therefore, the board recommended that no additional order of restitution was necessary with respect to them. The board also found that the Lawyers’ Fund for Client Protection is entitled to reimbursement of $5,000 for an award it made to another of Vick’s former clients for a fee that Vick collected but did not earn.
“Taking retainers and failing to carry out contracts of employment is tantamount to theft of the fee from the client.” Cincinnati Bar Assn. v. Weaver, 102 Ohio St.3d 264, 2004-Ohio-2683, 809 N.E.2d 1113, ¶ 16, citing Disciplinary Counsel v. Sigall, 14 Ohio St.3d 15, 17, 470 N.E.2d 886 (1984). The presumptive sanction for such acts of misappropriation is disbarment. Id., citing Disciplinary Counsel v. France, 97 Ohio St.3d 240, 2002-Ohio-5945, 778 N.E.2d 573, ¶ 11.
In this case, Vick has also neglected three client matters, failed to reasonably communicate with those clients, failed to comply with their requests for information, made false statements to Campbell, and failed to return Campbell’s file to him. Vick’s misconduct in the Rector matter was prejudicial to the administration of justice in that it deprived Rector of the opportunity to have his legal claim decided on the merits. Vick’s complete failure to cooperate in the resulting disciplinary proceedings has now culminated in the recommendation of relator and the board that we impose the ultimate sanction of permanent disbarment in this default proceeding.
(Mike Frisch)