Page 5 - November-December 2023 CBA Report

Seriously Who Will Clean up After You?
Edwin W Patterson III
ocating the the the the client client client files files or or or determining the the the the disposition of of of The biggest client-file abandonment case of of of my career began the the the client client files files of of an attorney who has been disabled or or or or when the the CBA received a a a a a a a a a a a a a a a a phone call call from an an an individual who had L disappeared or or or died was a a a a a a a a a a a a a recurrent problem throughout
a a a a a a a a a a a a a rental storage unit in in in Sharonville The caller reported that there my 39-year career with the Cincinnati Bar Association It never
were were hundreds of client files in in in a a a a a a a a a a a a a dumpster rents were were overdue and and ended the the the caller caller was culling through whatever the the the landlord had had removed removed At first in in 1982 the calls I I received from attorneys concerning
from units and and and discarded The caller caller had had removed removed the the the the files which client files were “How “How long
long
do do I I I I have have to to to to keep keep this?” and “How “How were not in in boxes and and secured them in in his own unit unit We learned long
long
do do I I I I have have to to to to to to keep keep that?” In my my naivete my my response was to to to to to to that that the the the files files belonged to to bankruptcy clients of of attorney Gary E try to to to to to develop a a a a a a a a a a a a a a a “wallet card” to to to to to guide attorneys Of course I I I soon
Wolosin2 and and that that the the the stack of of of files files was about seven feet feet wide and and realized that while state and and federal rules and and statutes provide three feet feet high I called the the Board of of Commissioners on on on Griev- specific disposition schedules for for public documents attorneys are ances and and and Discipline3 and and and received authorization to to to pay for not given such precise guidance for for the retention or or or or destruction
bankers’ boxes (about 30) and and and to to to hire Ray Hamilton Movers I of client files 1 called U S Bankruptcy Judge J J Vincent Aug who agreed that the the These inquiries became much more problematic when I clerk of of o his court court would accept possession of of o the the the boxes We hired received my first call call concerning
abandoned client client files files The The caller a a a a a a a a recent college graduate for one week to sit at at at the the the the court’s offices reported that client client files files were in in in in in boxes set at at at at the the curbside in in in in in front
go through the the the the files files and and create a a a a a a a a a a a a a computerized list o of of of the the the the clients’ of of a a a a a a a a a a house in in in in in the the City of of Wyoming Unfortunately Ohio’s attorney names Notices of of of the the the the the availability of of of files files files were published and and a a a a a a a a a a a few disciplinary system did not—and still does not—designate a a a a a a a a a a a clear
clients did claim their files files files After one year Judge Aug ordered the the the the the path to resolution in in in these situations I soon
learned from my destruction
of of the the the the remaining files files I don’t know what the the the the total cost colleagues in in in the the the the National Organization of Bar Counsel that the the the the of of this enterprise was but you you can use your imagination Recently same gap exists in in many other jurisdictions Judge Aug recalled “I remember the Wolosin case as as as presenting us with little guidance on on some very nubby decisions ”4
THE REPORT | | November/December 2023 | | CincyBar org 5