Cleveland Bar Association v. Danner - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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Cleveland Bar Assn. v. Danner.
[Cite as Cleveland Bar Association v. Danner (1994),
Ohio St. 3d .]
Attorneys at law -- Misconduct -- Indefinite suspension --
Neglecting an entrusted legal matter -- Intentionally
failing to carry out contract of employment -- Neglecting
or refusing to assist or testify in an investigation or
hearing.
(No. 93-2174 -- Submitted January 5, 1994 -- Decided
, 1994.
On Certified Report by the Board of Commissioners on
Grievances and Discipline of the Supreme Court, No. 93-33.
On June 21, 1993, relator, Cleveland Bar Association,
filed a two-count complaint against respondent, Herbert A.
Danner, last known residence in Casper, Wyoming, Attorney
Registration No. 0025433, with the Board of Commissioners on
Grievances and Discipline of the Supreme Court ("board").
Count I alleged that respondent had failed to file a mechanic's
lien for Robert Greenwald after having accepted a seventy-five
dollar fee to do so, that Greenwald eventually obtained a one
thousand dollar default judgment against respondent in the
Cleveland Heights Municipal Court based on the failure to file
the lien, that respondent did not appear at the referee's
hearing in the case or file timely objections to the referee's
report, that respondent had moved to Casper, Wyoming, and that
respondent's conduct violated DR 6-101(A)(3) (neglecting an
entrusted legal matter) and 7-101(A)(2) (intentionally failing
to carry out a contract of employment). Count II alleged that
respondent had failed to respond to formal inquiries made by
relator and to the complaint, thereby violating former Gov. Bar
R. V 5(a) (now Section 4 [G]) (neglecting or refusing to assist
or testify in an investigation or hearing).
On September 27, 1993, relator moved for a default
judgment before a panel of the board because respondent had not
answered the complaint. The panel granted the motion, found
that respondent had committed the violations alleged, and
recommended that he be indefinitely suspended from the practice
of law. The board adopted the findings and recommendation of

the panel and further recommended that costs of the proceedings
be taxed to respondent.

Robert S. Belovich, Gerald M. Ozan and Paul Morrison, for
relator.

Per Curiam. We concur in the findings and recommendation
of the board. Respondent, Herbert A. Danner, is hereby
indefinitely suspended from the practice of law in Ohio. Costs
taxed to respondent.
Judgment accordingly.
Moyer, C.J., A.W. Sweeney, Douglas, Wright, Resnick, F.E.
Sweeney and Pfeifer, JJ., concur.