February 12, 2009
Suspension For Defrauding Client
The web page of the Ohio Supreme Court reports:
The law license of Waverly attorney Sherry D. Davis has been suspended by the Supreme Court of Ohio for two years, with the second year of that term stayed on conditions. The Court adopted findings by the Board of Commissioners on Grievances & Discipline that Davis failed to notify a client’s insurer that she had accepted a settlement from another insurance company on his behalf, causing the client’s own insurer to deny his claim for underinsured motorist coverage to which he was otherwise entitled. Davis then engaged in a multi-year course of false and misleading communications to her client misrepresenting the status of his denied claim, including the fabrication of fraudulent documents, in an effort to prevent the client from discovering the harm she had caused him.
The Court found that Davis’ actions violated, among others, the state attorney discipline rules that prohibit conduct involving fraud, deceit, dishonesty or misrepresentation; conduct that adversely reflects on the attorney’s fitness to practice law; failure to seek a client’s legal objectives and intentionally causing damage or prejudice to a client.
The court's opinion is linked here. (Mike Frisch)
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