IN THE SUPREME COURT OF OHIO

In re:

Complaint against

Henn, Roosevelt Freeman

Respondent

Disciplinary Counsel

Relator

Case No. 2014-058

CERTIFICATION OF DEFAULT

Henry Roosevelt Freeman (0022713)786 Premiera DriveTalimadge, OH 44278

Richard A. Dove (0020256)Board of Commissioners on Grievances and Discipline65 South Front StreetFifth FloorColumbus, Ohio 43215(614) 387-9370richard.dove!r^sc.ohio,gov

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Disciplinary Counsel250 Civic Center DriveSuite 325Columbus, Ohio 43215(614) 461-0256

IN THE SUPREME COURT OF OHIO

In re:

Complaint against

Henry Roosevelt Freeman

Respondent

Disciplinary Counsel

Relator

CERTIFICATION

Gov. Bar R. V, Section 6a(A)

Pursuant to Rule V, Section 6a, of the Supreme Court Rules for the Government of the

Bar of Ohio, I hereby certify that the respondent in the above-captioned matter has failed to

file an answer to the formal complaint certified to the Board of Commissioners on Grievances

and Discipline on August 8, 2014.

Attached to this certification is an affidavit setting forth the attempts to serve the

complaint on the respondent and copies of documents referenced in the affidavit.

RICHA . DOVESecretary, Board of Commissionerson Grievances and Discipline ofthe Supreme Court of Ohio

STATE OF OHIO

COUNTY OF FRANKLINss:

AFFIDAVIT

I, Richard A. Dove, having been duly sworn according to the ]a`vs of Ohio, hereby depose andsay:

I am the Secretary to the Board of Commissioners on Grievances and Disciplineof the Supreme Court of Ohio ("Board"). Pursuant to Rule V of the SupremeCourt Rules for the Government of the Bar of Ohio, I am responsible for servingcertified disciplinary complaints on the parties and maintaining the records ofcases certified to the Board.

2. On August 8, 2014, a formal complaint was certified to the Board in the matter ofDisciplinarj, Counsel v. I-IenNy Roosevelt Freeman, Board Case No. 2014-058.

On August 8, 2014, a notice and copy of the certified complaint were sent viacertified mail to the respondent at 786 Premiera Drive, Tallmadge, Ohio 44278.The address to which the certified mail was sent is the respondent's residenceaddress as reflected in the attorney registration records maintained by theSupreme Court of Ohio, Office of Attorney Services.

4. On August 11, 2014, the Board received a return receipt from the United StatesPostal Service acknowledging the receipt of the documents at the addressreferenced in ¶ 3.

On September 8, 2014, a notice of intent to certify the respondent's default wassent to the respondent at the address referenced in ¶ 3.

6. As of the date of this affidavit, the respondent has not filed an answer to theformal complaint pending before the Board or otherwise responded to thecertification of the complaint or the notice of intent to certify his default.

7. Attached to this affidavit are true and accurate copies of the following documentscontained in the case file that is maintained in the Board offices:

a. The formal complaint certified to the Board on August 8, 2014(Attachment A);

b. The return receipt showing the respondent's receipt on August 11, 2014 ofthe certified mail sent to the address referenced in ¶ 3 (Attachment B); and

c. The notice of intent to certify the respondent's default sent to therespondent's residence address on September 8, 2014 (Attachment C).

FURTHER AFFIANT SAYETH NAUGHT.

r ^r

Richard A. ove (0020256)Secretary, Board of Commissionerson Grievances and Discipline

Sworn to before me and subscribed in my presence this 9th day of October, 2014.

^l ^L^ cIe ^.Ee1`1kNotary Public

MICHELE PENNINGTONNotary Public, State of

My Commission Expires MC n

2

BEFORE THE BOARD OF COMMISSIONERSON GRIEVANCES ANI) DISCIPLINE OF

THE SLiPIYEId'IE COIJRT OF OHIOIn re:

Complaint against

Heniy Roosevelt Freeman786 Preiniera DriveTalhnadge, OH 44278

Attorney Registration No. (0022713)

.Etespondent,

Disciplinary Counsel250 Civic Center Drive, Suite 325Colunihus, Ohio 43215-7411

Relator.80ARD C^;^ C;i?It1P^. 15S1C^P1E P.S

^(!^ ^'P[EGfhN^ ES & lliu^C1P; i^^^'

Now conies the relator aYtd alleges that Henrr, Roosevelt Freeinan, duly admitted to the

practice of law in the state of C)hio is guilty of the followin^^ misconduct:

I

2.

3

Respondent, Heiiry Roosevelt Freenlan, was admitted to the practice of law in the state of

Oliio on Noveinber 6, 1981. Respondent is subject to the Rules of Professional C'onduct

and the Rules for the Goveriunent of the Bar of Ohio.

On August 13, 2008, the Supreme Court suspended respondent froni the practice of law

for one year with six months stayed for violating the nIles governing IOLTAs and failing

to cooperate with the disciplinary investigation. DiscipZinury Counsel v. Fi•eertzan, 119

tJhio St.3d 330, 2008-0hio-3836, 894 N.E.2d 31.

On November 3, 2009, the Suprenie Court suspended respondent froni the practice of law

for failing to register, 11/04%2009 Admirristr°czlh,e Actions, 2009-Ohio-5786.

Attachment A

^ ^ ^ 0 5 8 ^No.

COMPLAINT AND CERTIFICATE

(Rule V of the Supreme Court Rules forthe Goveruni o the Bar of Ohio.)

^^^

4. On August 24, 2010, the Suprenle C'ourt indefinitely suspended respondent frotrl the

practice of law for practicing while under suspensiori. Diseiplinury Counsel v. Fi°eenictn,

126 Ohio St.3d 389, 2010-Ohio-3824, 934 N.E.2d 328. Respondent remains under

suspension.

PRACTICING WHILE UNDER SUSPENSION

ESTA'I'E OF FRANCES N(1 ►RN1A REEVES

5. Respondent"s relative, F'rances Norma Reeves, passed away in August 2011, and

respondent's daughter was named a co-executor of her estate.

6. On ]ularch"28, 2012, the executors applied to probate her will in the Cayahoga County

Probate Court; hoNvever, they could not locate the original will, 2C112 EST 177366.

7. In order to help expedite the probate process, respondent drafted a letter to each person

who witnessed the signing of the will. Resporident also drafted an affidavit for each

witness and enclosed it with the letter.

8. Respondent's letlerhead indicated that he was an attorney, and, in the body of the letter,

he misrepresented that he had been retained to represent the estate.

9. On July 19, 20 12, the letters and affidavits were filed and niade a pai-t of the court record

in the estate case.

JOHN AND TINA SMITH

10. Respondent met John and Tina Srnith through a local pinochle club.

11. In the summer of 2012, and while respondent was under suspension, he prepared wills,

several survivorship deeds, and a power of attorney for John and Tina Snzith.

12. Respondent clrarged $50 for each will and $75 for each deed.

13. On August 22. 2012, respondent deposited the wills with the Cuyahoga County I'robate

Court, 2012 WIL 181619 and 2012 WIL 181618.

^

14. The Smiths believed that respondent was a licensed attorney.

GUARDIANSHIP OF WILLIE JENNINGS

15. Patricia Jennings was the (1.;uardian for her inother, Willie Jennings.

16. During his suspension, respondent prepared the final accounting for the guardianship and

notarized Jemlings's signature.

17. Respondent:'s notary stamp indicated that he was an attorney.

18. Qn April 18, 2013, respondent filed the final accounting with the Cuyahoga County

Probate Court, 2012 GRD 45849.

M Respondent charged $300 to complete the final accouinting.

GUARDIANSHIP OF EFFIE .IOIIA7SON

20. Debra Joluison was the guardian for her mother, Effie Johnson.

21. During his suspension, Respondent prepared the final accounting for the guardianship,

which was filed on Jtu1e 30, 2011, and charged between $300-$450.

VIOLA.TId)NS

22. Respondent's conduc.t violates Prof. Cond. R. 5.5(a) [A lawyer shall not practice law in a

jurisdiction in violation of the regulation of the legal profcssion in that jurisdiction] and

$.4(c) [a lawyer shall not engage in conduct involving dishonesty, fraud, deceit, or

misrepresentation].

23. Additionally, respondent continuing to practice while under suspension for exactly the

same misconduct is particularly egregious so as to violate 8.4(h) [a lawyer shall not

engage in any other conduct that adversely reflects on the lawyer's fitness to practice

law].

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C'ONCLUSION

Wherefore, pursuant to Gov, Bar R. V, the Code of Professional Responsibility and. Rules

of Professional Conduct, relator alleges that respondent is chargeable with nlisconduct; therefore,

relator requests that respondent be disciplined pursuant to Rule V of the Rules of the

Government of the Bar of Ohio.

^- ^^

a€/ ----Donald M. Scheetz (009242Assistant Disciplinary Cotl1111seJ.,^250 Civic Center Drive, Suite 325Calumbus, Ohio 43215-7411614,461.0256614.461,7205 - faxDonald.scheetz^^sc.ohio.gov

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CERTIFICATE

The undersigned, Scott J. Drexel, Disciplinary Counsel, of the Office of Disciplinary

Counsel of the Supreine Court of Ohio hereby certifies that Donald.fvl. Scheetz is duly

authorized to represent relator in the premises and has accepted the responsibility of prosecuting

the complaint to its conclusion. After investigation, relator believes reasonable cause exists to

warrant a. hearing on such coinplaint.

Dated: July 21, 2014

Scott J. Drerel;'Disciplinary Counsel

Gov. Bat- R. V, § 4(1) IZequiremetZ ts f'r^r 1%i1zrzg a Complaint.

(1) Detuiition. "Complaint" means a formal writt.en allegation of misconduct or niental illness of aperson designated as the i-espondent.**^

(7) Complaint Filed by Certified Grievance Committee. Six copies of all cornplaints shall be filedwith the Secretar-y of the Board. Complaints frled by a Certified Grievance Committee shall be filed inthe name of the committee as relator. The complaint sha11 not be accepted for filing unless signed by oneor more attorneys adrnitted to the practice of law in Ohio, who shall be counsel for the relator. Thecomplaint shall be accompanied by a written certification, signed by the pi-esident, secretary, or chair ofthe Certified Grievance Committee, that the counsel are authorized to represent the i-elator in the actionand have accepted the i-esponsibility of prosecuting the coniplaint to conclusiou. The certifcation shallconstitute the authorization of the counsel to represent the relator in the action as fully and completely asif designated and appointed by order of'the Supreme Court with all the privileges and immunities of anofficer of the Supreme Court. TI-ie complaint also niay be sigtied by the grievant.(8) Complaint Filed by Discipluia ►y Counsel. Six copies of all complaints shall be filed with theSecretary of the Board. Complaints filed by the Disciplinary Counsel shall be filed in the name of theDisciplinary Counsel as relator.(9) Seivice. Upon the filing of a coniplaint with the Secretary of the Board, the relator shall forwarda copy of the complaint to the Disciplinary Coiinsel, the Certifi_ed Grievance Comiiiittee of the Ohio StateBar Association, the local bar association, and any Certified Grievance Committee serving the county orcounties in which the respondent resides and maintains an office and for the county from whicli thecomplaint arose.

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------- ------- --------e -:._..e.:_ . . :2. Article Number , s e D .

A. Received by(Piease Print Clearly) B. Date i Delivery

C. siyngiyre j ^ s C

^ ^{{6 ^ °/ ^ ^ q Ayenti ^ . 0•^" ^ Adaress®e

7164 3901 9849 1364 a744 D.Isdeliveryeddrsdifferentfromitem9' q Yes1fYES, enter d'altvery address below: [] No

S. Service ",ype CERTIFIED MAIL

4. Restrictei' Delivery? (Extra Fee) E]Yes

1. Article Addressed to:

Henag R. Freeman ^ Reference Iiiformation

786 Premiera Drive'I'alimadge, OH 44278 14 058 Freeman Pc materials

Boc/g&d

PS Form 3811, January 2005 Domestic Return Receipt

Attachment B

Tk^ $uprrrn Iuurt ^f ®JiuBOARD OF COMMISSIONERS ON GRIEVANCES & DISCIPLINE

65 SOUTH FRONT STREET, 5TH FLOOR, COLUMBUS, OH 43215-3431

Telephone: 614.387.9370 Fax: 614.387,9379

www.supremecourt.ohio.gov

DAVID E. T3CHANTz

CHAIR

PAUL M. DE MARCO

VICE- CHAIR

Henry Roosevelt Freeman786 Premiera DriveTallmadge, OH 44278

September 8, 2014

RICHARD A. DOVE

SECRETARY

HEIDI WAGNER DORN

COUNSEL

Re: Disciplinary Counsel v. Henry Roosevelt Freeman, Case No. 2014-058

Dear Mr. Freeman:

On August 8, 2014, the Board of Commissioners on Grievances and Discipline certified aformal complaint naming you as the respondent in the above-captioned disciplinary rnatter, Acopy of the enclosed complaint was sent to you via certified mail and service was completed onAugust 11, 2014. As of the date of this letter, the Board has not received your answer to theformal complaint or a motiori to extend the time for filing an answer.

Pursuant to Gov. Bar R. V, Section 6a, you are hereby notified that the Board will certifyyour default to the Supreme Court thirty days from the date of this letter. To avoid certificationof default, you must file an answer to the formal complaint with the Board prior to the expirationof the thirty-day period. No extension of time to file an answer is authorized by the rule.

Please note that the certification of default may result in your immediate suspension fromthe practice law by the Supreme Court of Ohio.

If you have questions regarding this matter, please contact the Board of Commissionerson Grievances and Discipline at (614) 387-9370.

Sin y,

Richard A. Dove

Enclosure

cc: Donald M. Scheetz, Assistant Disciplinary CounselScott Drexel, Disciplinary Counsel

Attachment C