► Attorney James Westfall, Jr. of Cleveland; ethical dwarf Print E-mail
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Attorney James Westfall, Jr. of Cleveland; ethical dwarf

 
The state of Ohio presented James Walter Westfall, Jr. with a law license in 1977 after he graduated from Case Western Reserve University Law School.
 
The Board of Commissioners on Grievances and Discipline of the Ohio Supreme Court found Christopher guilty of the following misconduct.
  1. Failed to consult with client re: means by which client’s objectives were to be accomplished
  2. Failed to respond to requests for information from clients
  3. Failed to promptly return unearned fees (cheater)
  4. Failed to take reasonable steps to protect client interests after being fired
  5. Failed to properly supervise non-attorney office staff
  6. Provided false or respond to investigator’s requests for information (Up Yours, said Jimmy!)
  7. Engaged in conduct adversely reflecting on fitness to practice law
  8. Engaged in conduct involving fraud, deceit, dishonesty or misrepresentation
  9. Engaged in a pattern of misconduct
  10. Misconduct involved multiple offenses
  11. Refused to acknowledge wrongful nature of his conduct
  12. Failed to make required restitution to clients (victims)
In one matter, James sent an unsolicited letter to Setsuko and Charles Gresham soliciting them as bankruptcy clients. In his letter James used the phrase “Attorneys at Law” and repeatedly used the word “we” when in referring to his firm, when in fact he was the only lawyer affiliated with Westfall Legal Services. Gresham later hired James to file a bankruptcy action.
 
When the Gresham’s inquired as to the progress of their bankruptcy case, James told them that they’re bankruptcy case had been closed. The Gresham’s then demanded a refund of unearned fees and unspent costs of $399, which James refused to pay them.
 
In another matter, James represented John Pestyk in a Chapter 7 bankruptcy. Pestyk prepaid James’ full fees and costs. Subsequently, James notified Pestyk that his case would be deactivated in 30 days if he didn’t provide additional information to James. Pestyk then called James and told him to put the case on hold because his wife was gravely ill. Two months later Pestyk’s wife died. Three months later, James sent Pestyk another deactivation notice. Pestyk then called James’ office to say he didn’t want to continue with the bankruptcy case and asked for his money back. Pestyk’s repeated calls seeking a refund were ignored by James for months. I was only after Pestyk filed an ethics complaint and complained to the Better Business Bureau that James finally refunded the $499 in unearned fees and costs.
 
Subsequently, Disciplinary Counsel ordered James to make restitution to his victims as follows:
  1. $700 to Dianna McCafferty
  2. $399 to Charles and Setsuko Gresham
  3. $499 to John Pestyk
  4. And $599 to Reba Mosier
James the Tax Cheat
 
In accordance with his obligations as an employer, James withheld federal income tax and other payroll taxes from his employees’ paychecks. However, from 2009 through 2011, James failed to remit the deducted amounts, as well as his share to the Internal Revenue Service.
 
As a consequence of his misconduct, the cheerleaders for Attorney Misfits sitting on the Ohio Supreme Court punished James by gifting him with a complimentary stayed 2-year suspension of his law license.
 
As we speak (ca. December 2012) James practices with Westfall Legal Services at 75 Public Square in Cleveland, Ohio.
 

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