In Re Davidson

|Attorney for the respondent       |Attorney for the Indiana Supreme Court|
|No appearance for the respondent  |Disciplinary Commission               |
|                                  |Donald R. Lundberg, Executive         |
|                                  |Secretary                             |
|                                  |Indianapolis, Indiana                 |



                                   In the

                            Indiana Supreme Court
                      _________________________________

                            No. 49S00-0401-DI-28

IN THE MATTER OF

CLIFTON BRUCE DAVIDSON, JR.,

                            Respondent.

                      ________________________________


                             Disciplinary Action

                      ________________________________




                               August 31, 2004



Per Curiam.

      The Disciplinary Commission has charged the respondent, Clifton  Bruce
Davidson, Jr., with six counts of  attorney  misconduct.  Specifically,  the
Commission alleges that clients hired the respondent to  represent  them  in
various matters for which he accepted retainers and/or filing  fees.   After
taking his clients’ money, the respondent took little or no  action  on  his
clients’ behalves and failed to  respond  to  their  inquiries  about  their
cases.  Ultimately, the respondent abandoned his  law  practice.   Today  we
find, as did the hearing officer, that the respondent violated the Rules  of
Professional Conduct for Attorneys at Law and for this misconduct should  be
disbarred.
      This action began on March 17, 2004, when the Disciplinary  Commission
filed  a  Verified  Complaint  for  Disciplinary  Action  pursuant  to  Ind.
Admission and Discipline  Rule  23(12).   This  Court  appointed  a  hearing
officer pursuant  to  Admis.Disc.R.  23(11)(b)  to  hear  this  matter.  The
respondent failed to appear or to answer the Verified Complaint and  on  May
23, 2004, the Commission filed an Affidavit and Application for Judgment  on
the  Complaint,  pursuant  to  Admis.Disc.R.  23(14)(c).  Pursuant  to  that
pleading, the hearing officer filed Findings of Fact and Conclusions of  Law
on May 26, 2004.  The hearing officer’s report is now before  us  for  final
resolution as the final arbiters of  misconduct  and  sanction.   Matter  of
Morris, 656 N.E.2d 257 (Ind. 1995).
      In related proceedings, on January 15, 2004, the  Commission  filed  a
Verified Emergency Petition for Order  of  Interim  Suspension  pursuant  to
Admis.Disc.R. 23(11.1) and  a  Verified  Petition  to  Show  Cause  Why  the
Respondent Should Not  be  Suspended  for  Failure  to  Cooperate  with  the
Disciplinary Process.  This Court suspended the  respondent  on  an  interim
emergency basis on March 26, 2004, and suspended the respondent on  May  10,
2004 for his failure to cooperate with the disciplinary  process.   Both  of
these suspensions remain in effect.
      The respondent’s  admission  to  this  state’s  bar  in  2001  confers
disciplinary jurisdiction over this matter. Under Count 1  of  the  Verified
Compliant, we now find that a client hired the respondent in  July  2003  to
file a discrimination suit against her employer and her union.  Pursuant  to
a written attorney services contact, she paid the respondent  $150  for  the
filing fee.   The  respondent  neither  filed  suit  nor  responded  to  the
client’s numerous subsequent letters inquiring  as  to  the  status  of  the
contemplated action.  The client scheduled a meeting with the respondent  at
his office in November 2003, but the respondent cancelled the meeting.
      Under Count 2, we find that  in  October  2003,  a  client  hired  the
respondent to handle an employment discrimination matter.  The  client  paid
the respondent $800 towards a $1,500 retainer. The respondent did  not  file
suit as requested by the  client.  Thereafter,  the  client  was  unable  to
contact the respondent, even to pay the balance of the retainer.
      Under Count 3, we find that a client  hired  the  respondent  in  July
2003 to handle a domestic relations matter. The client agreed to pay a  $400
non-refundable retainer fee and $200 per hour for the respondent’s  services
pursuant to a written fee agreement.  The  respondent  filed  a  dissolution
action on August 15, 2003.  Thereafter, the client was unable to  reach  the
respondent for information about his case and in  January  2004,  discovered
the respondent had abandoned his law office.
      Under Count 4, we  find  that  in  March  2003,  a  client  hired  the
respondent to handle an employment claim against the  United  States  Postal
Service.  The client paid the respondent a  $2,000  non-refundable  retainer
fee.  Afterwards, the respondent did not file suit on  the  client’s  behalf
and did not communicate with the client about the status of  the  case.   In
December 2003, the client wrote to the respondent demanding a refund of  his
money, but the respondent failed to respond.
      Under Count  5,  we  find  that  a  client  hired  the  respondent  in
September 2003 to handle a claim against a fellow employee and the  client’s
employer.  The client paid a  $1,000  non-refundable  retainer  fee.   After
hiring the respondent, the client was unsuccessful in  attempts  to  contact
the respondent and the respondent did not communicate with the client.
      Under Count 6, we find that in  June  of  2002,  a  client  hired  the
respondent to pursue a wage  claim  against  his  employer.  The  respondent
filed suit in September 2003.  Court records indicate  no  further  activity
thereafter and reflect that a summons was never filed.   In  November  2003,
the respondent notified the client that the  employer  would  be  sending  a
check to settle the wage claim.  The respondent’s  representation  that  the
claim was settled was false.  The client did not receive a settlement  check
and the employer never paid any funds to  settle  the  client’s  claim.  The
client has been unable to contact the respondent since his case was filed.
      We find further that sometime during November of 2003  the  respondent
abandoned his law office without notifying his clients and  without  leaving
contact information for his clients.  On January 16,  2004,  the  Commission
filed a verified petition  pursuant  to  Admis.Disc.R.  23(27)  seeking  the
appointment of an attorney to inventory  the  respondent’s  files  and  take
such action as appropriate to protect the interests of  the  respondent  and
his clients.  The respondent failed to appear  or  contest  the  proceedings
and on January 23, 2004, the Marion  Circuit  Court  appointed  a  Reviewing
Master to take possession of and inventory the respondent’s client files.
      We find  that,  by  his  misconduct  in  Counts  1-6,  the  respondent
violated Prof.Cond.R. 1.3 by failing to act  with  reasonable  diligence  in
representing his clients; 1.4(a) by failing to keep his  clients  reasonably
informed about the status  on  their  cases  and  not  responding  to  their
reasonable requests for  information;  Prof.Cond.R.  1.4(b)  by  failing  to
explain matters to the extent reasonably necessary to permit his clients  to
make informed decisions regarding representation;  Prof.Cond.R.  1.16(d)  by
terminating representation of his clients without  taking  steps  reasonably
practicable to  protect  his  clients’  interests;  Prof.Cond.R.  8.4(b)  by
committing criminal acts, to  wit:  theft  and/or  conversion  by  receiving
client funds for a filing fee and legal services  and  retaining  the  money
without filing suit or performing legal services;  and  Prof.Cond.R.  8.4(c)
by  engaging  in   conduct   involving   dishonesty,   fraud,   deceit   and
misrepresentation.
      Having found misconduct, we must now assess an  appropriate  sanction.
In so doing, we  examine  the  nature  of  the  misconduct,  the  actual  or
potential injury flowing from the  misconduct,  the  respondent’s  state  of
mind, the duty of this Court to preserve the integrity  of  the  profession,
the potential injury to the public in permitting the respondent to  continue
in the profession, and any mitigating or aggravating circumstances.   Matter
of Drozda, 653 N.E.2d 991(Ind.1995). The hearing  officer  recommended  that
the respondent be disbarred.
      The respondent engaged in a serious pattern of neglect of his  clients
and eventually abandoned his practice altogether. In so doing, he  converted
clients’ retainer fees  and  filing  fees.   Disbarment  is  appropriate  in
instances of knowing conversion of client funds where the client  is  harmed
or where a lawyer engages in serious criminal  conduct  involving  fraud  or
theft.  American Bar Association Standards  for  Imposing  Lawyer  Sanctions
4.1,  4.61,  5.11.  Disbarment  has  been  imposed  where  lawyers  serially
neglected client matters and where lawyers engaged in patterns of  deception
and conversion of client funds.  See e.g. Matter of Jarrett, 657 N.E.2d  106
(Ind.1995) (disbarment for pattern of dereliction of  duty,  abandonment  of
client's interests and blatant  disregard  of  financial  responsibilities),
Matter of Good, 632  N.E.2d  719  (Ind.1994)  (disbarment  for  conflict  of
interest, failure to  preserve  client's  property,  dishonesty,  fraud  and
deceit), Matter of  Meacham,  630  N.E.2d  564  (Ind.1994)  (disbarment  for
continuing pattern of intentionally deceptive conduct  designed  to  convert
clients' money to attorney's own use), Matter of Williams,  764  N.E.2d  613
(Ind.2002) (six counts of client neglect, along with  failure  to  cooperate
with the Commission),  Matter of Radford,  746  N.E.2d  977  (Ind.2001)  (14
counts of neglect of client  matters  and  willful  deception  of  clients).
The respondent in the  present  case  absconded  with  his  client’s  money,
abandoned his practice without warning, and failed to respond to any of  the
subsequent disciplinary proceedings.  For the protection of the  public  and
to  ensure  the  integrity  of  the  bar,  we  find  that  the  respondent’s
misconduct deserves the  most  severe  punishment  and  that  he  should  be
disbarred.
      It is, therefore, ordered that the respondent, Clifton Bruce Davidson,
Jr., is hereby disbarred. The Clerk is directed to strike his name from  the
Roll of Attorneys.
      The Clerk of this Court is further directed to provide notice of  this
order in accordance with Admis.Disc.R. 23(3)(d), and to the Hon.  Robert  W.
Freese, and to provide the clerk of the United States Court of  Appeals  for
the Seventh Circuit, the clerk of each of the United States District  Courts
of this state, and the clerks of the  United  States  Bankruptcy  Courts  in
this state with the last know address of the respondent as reflected in  the
records of the Clerk.
      Costs of this proceeding are assessed against the respondent.


All Justices concur.