Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Disciplinary Counsel v. Peck

Supreme Court of Ohio

May 30, 2017

DISCIPLINARY COUNSEL
v.
PECK.

          Submitted February 8, 2017

         On Certified Report by the Board of Professional Conduct of the Supreme Court, No. 2015-067.

          Scott J. Drexel, Disciplinary Counsel, and Michelle R. Bowman, Assistant Disciplinary Counsel, for relator.

          Gregory Lawrence Peck, pro se.

          Per Curiam.

         {¶ 1} Respondent, Gregory Lawrence Peck, of Oxford, Ohio, Attorney Registration No. 0040211, was admitted to the practice of law in Ohio in 1988.

         {¶ 2} On December 10, 2015, relator, disciplinary counsel, filed a complaint with the Board of Professional Conduct, charging Peck with professional misconduct arising from his neglect of a client's legal matter, which resulted in a default judgment and the assessment of treble damages against the client.

         {¶ 3} The parties entered into stipulations of fact, misconduct, and aggravating and mitigating factors and jointly recommended that Peck be suspended from the practice of law for six months, with the entire suspension stayed. After hearing Peck's testimony, a panel of the board adopted the parties' stipulations and their recommended sanction. The board adopted the panel's findings and recommendation. We adopt the board's report in its entirety and suspend Peck from the practice of law for six months, fully stayed on the condition that he engage in no further misconduct.

         Misconduct

         {¶ 4} On January 21, 2009, Ashley Needham filed a complaint in the Middletown Municipal Court against We Sell Auto Sales ("We Sell") alleging breach of contract, negligence, fraud, and a violation of the Ohio Consumer Sales Practices Act. Donald Jones, the owner of We Sell, asked Peck to represent him in the case.

         {¶ 5} Although Peck generally limited his practice to family law and criminal defense, he had previously handled a similar civil matter and agreed to the representation. He entered an appearance as counsel for We Sell, answered the complaint out of time, and filed a motion to dismiss.

         {¶ 6} 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.

         {¶ 7} After Peck appeared at a judgment-debtor examination with Jones, the Needhams garnished $6, 054.26 from Jones's financial accounts. Thereafter, Peck moved the court to stay the judgment-enforcement proceedings until a Civ.R. 60(B) hearing occurred. But neither Peck nor Jones appeared for the hearing on the motion to stay. And because there was no Civ.R. 60(B) motion for relief from judgment pending, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.