Mansfield attorney reinstated after suspension for avoiding settlement payment

MANSFIELD - A Mansfield attorney who was suspended for dodging malpractice settlement payments has been reinstated to practice law again.

Byron Dexter Corley was suspended in June for two years, with 18 months waived if he paid nearly $25,000 owed to a former client and committed no further misconduct.

The Ohio Supreme Court on Monday granted Corley's application to be reinstated to the practice of law. 

In his application, Corley said he acknowledges and "continues to recognize the wrongfulness" of his conduct.

"Petitioner has remorse for these actions leading to his suspension, and petitioner has rehabilitated himself," Corley wrote.

Corley first filed an application to be reinstated in December, which was denied in February. 

Proof of restitution

After the application was denied, a court clerk asked Corley at least twice to provide proof of restitution to Rebecca Turner, his former client, court filings show.

On April 14, the clerk of court received a photocopy of a cashier's check made out to Turner and her attorney, dated Dec. 16, 2020.

In suspending Corley, the Ohio Supreme Court adopted a recommendation made by a three-member panel of the Ohio Board of Professional Conduct.

Corley did not immediately reply to an email or message left at his office seeking comment for this article.

More:Mansfield attorney suspended for two years for avoiding settlement payment

In June 2010, Rebecca Turner hired Corley to represent her in a personal-injury lawsuit against an unnamed hospital, and gave him money for a filing fee. 

Corley never notified Turner in writing that he lacked malpractice insurance.

In November 2011, Corley filed a lawsuit on Turner's behalf but failed to respond to the hospital's written discovery requests and its motion for summary judgment, which the court granted in February 2013.

Said lawsuit was meritless

At his disciplinary hearing, Corley said that after filing Turner's lawsuit, he determined it was meritless and she had refused his advice to voluntarily dismiss the case.

Turner, however, said Corley had never discussed dismissing the case with her.

She claimed that she had difficulty communicating with Corley, saying that he rarely returned phone calls, did not respond to requests to discuss the case and failed to send her copies of the hospital's discovery requests; she learned from the court, not Corley, that her case had been dismissed.

And, although the court returned a portion of Turner's filing fee to Corley, Turner said she never received the money.

The panel concluded Turner's testimony was more credible than Corley's.

After the court dismissed her lawsuit, Turner hired a new lawyer and filed a legal malpractice lawsuit against Corley, who failed to answer and a default judgment was entered against him. 

In January 2014, Corley appeared for a hearing and agreed to settle the lawsuit for $25,000 and pay monthly installments of $200, plus interest.

Failed to respond to attorney

But the board found that Corley stopped making payments after two months and failed to respond to Turner's lawyer. 

Turner hired another lawyer, Angel Poynter, in August 2014.

Two years later, Corley was found in breach of settlement and a judgment of $25,564 was entered against him, not including costs, interest and $1,000 in attorney fees.

At Corley's disciplinary hearing, Poynter said she had pursued a number of avenues to collect the judgment, including filing certificates of judgment in Knox and Richland counties, garnishing Corley's bank accounts and income from rental property, and filing a writ of execution. 

The state supreme court agreed with the board's conclusion, which found that Corley did "everything possible to keep Turner from receiving her agreed compensation," and that he had paid only $7,102 through garnishment and court order and still owed $24,981.74 — almost the original settlement amount — due to accrued interest and the expenses incurred by Poynter in pursuing the debt.

"As aggravating factors, the board found that Corley had exhibited a selfish motive by thwarting collection efforts, committed multiple offenses, failed to accept responsibility for his actions or express any remorse, caused harm to a vulnerable client, and failed to make restitution," the court wrote. "The board found only one mitigating factor — Corley's clean disciplinary record."

mtrombly@gannett.com

419-521-7205

Twitter: @monroetrombly