Disciplinary Counsel v. Walden (Slip Opinion)


[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Disciplinary Counsel v. Walden, Slip Opinion No. 2019-Ohio-5287.] 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. 2019-OHIO-5287 DISCIPLINARY COUNSEL v. WALDEN. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Disciplinary Counsel v. Walden, Slip Opinion No. 2019-Ohio-5287.] Attorneys—Misconduct—Violations of the Rules of Professional Conduct and the Rules for the Government of the Bar—Two-year suspension, with 18 months stayed on conditions. (No. 2019-0800—Submitted August 6, 2019—Decided December 24, 2019.) ON CERTIFIED REPORT by the Board of Professional Conduct of the Supreme Court, No. 2018-059. ______________ Per Curiam. {¶ 1} Respondent, Derek James Walden, of Columbus, Ohio, Attorney Registration No. 0083730, was admitted to the practice of law in Ohio in 2008. On November 3, 2015, we suspended Walden’s license for his failure to register for the 2015-2017 biennium, but we reinstated it the next day. In re Attorney Registration Suspension of Walden, 143 Ohio St.3d 1509, 2015-Ohio-4567, 39 N.E.3d 1277; In SUPREME COURT OF OHIO re Reinstatement of Walden, 144 Ohio St.3d 1432, 2015-Ohio-5363, 42 N.E.3d 766. On April 4, 2017, Walden registered his license as inactive. {¶ 2} In a complaint filed with the Board of Professional Conduct on November 26, 2018, relator, disciplinary counsel, alleged that Walden neglected three client matters, failed to reasonably communicate with the affected clients, made false statements to the tribunal in one of those matters, and failed to cooperate in the ensuing disciplinary investigations. Walden answered the complaint and later entered into stipulations of fact, misconduct, and aggravating and mitigating factors. He also testified at a hearing before a panel of the board. {¶ 3} The board issued a report that largely adopted the parties’ stipulations and recommends that Walden be suspended from the practice of law for two years with 18 months stayed. No objections have been filed. {¶ 4} We accept the board’s findings of misconduct and impose a two-year suspension, with the final 18 months conditionally stayed. Misconduct {¶ 5} Walden had an “of counsel” relationship with Dorman Law, L.L.C., in 2013 and 2014. During Walden’s tenure at the firm, he represented Gail Harper- Perry and Perry Lewis, who had retained the firm to pursue personal-injury claims, and Cynthia Cooper, who had retained the firm to pursue a dental-malpractice claim. When Walden left the firm in October 2014, all three clients opted to follow him to his new firm, Walden Law, L.L.C. {¶ 6} Walden filed complaints on behalf of all three clients, but he subsequently failed to respond to their calls and e-mails and never told ...

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