Canton Lawyer Suspended
2003-1808. Stark Cty. Bar Assn. v. Watterson, 2004-Ohio-4776.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 01-98.
Tim M. Watterson, Attorney Registration No. 0028264, is suspended from the practice of law for one year, with six months stayed on conditions.
Moyer, C.J., Resnick, F.E. Sweeney, Pfeifer, Lundberg Stratton, O'Connor and O'Donnell, JJ., concur.
Opinion: http://www.supremecourt.ohio.gov/rod/newpdf/0/2004/2004-Ohio-4776.pdf 
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(Sept. 22, 2004) The law license of Canton attorney Tim S. Watterson has been suspended for one year, with six months of that term stayed on conditions. In a decision announced today, the Supreme Court of Ohio voted 7-0 to suspend Watterson for three separate instances of professional misconduct between 1999 and 2001.
The Court adopted findings and conclusions of the Board of Commissioners on Grievances and Discipline that Watterson violated state disciplinary rules that prohibit neglect of entrusted client legal matters and charging excessive legal fees in his dealings with two personal injury clients and a couple seeking to recover for an allegedly defective vehicle.
In one of the personal injury cases, Watterson's failure to reply to opposing counsel's discovery interrogatories and pretrial motions nearly resulted in the court's exclusion of key evidence supporting his client's claim, and contributed to a long delay in her recovery of damages. In a second case, Watterson improperly withheld a 40 percent contingent fee from recovered court costs that were not included in his fee agreement, and failed to account to the client for nearly two years for his distributions and payment or non-payment of her overdue medical bills from a judgment award that he received on her behalf.
In the defective auto case, the Court agreed with board findings that Watterson charged an excessive fee when he deducted a $2,000 “non-refundable retainer” from the proceeds of a case in which the only recovery he made for the clients was a $2,500 settlement from the manufacturer.
In setting the sanction for his offenses, the Court noted several aggravating factors including that Watterson had not shown an appreciation of the wrongness of his actions, and had persistently missed deadlines and otherwise obstructed the disciplinary process to the point that he was cited for contempt for refusing to appear to be deposed by the Stark County Bar Association. The Court also noted the mitigating factors that Watterson had no prior record of disciplinary sanctions, had presented witnesses attesting to his character and prior service to the community, and stated that he had reduced his caseload to remedy overwork that had contributed to his offenses.
After weighing the relevant factors, the Court imposed a one-year suspension, but stayed the last six months on the conditions that Watterson commit no further disciplinary violations, and that his practice be monitored by a mentor appointed by the Stark County Bar Association for one year after his reinstatement to assure that his future dealings with clients comply with ethical guidelines.
Contacts
Richard S. Milligan, 330.491.5280, for the Stark County Bar Association.
Tim Watterson, pro se: 330.456.2262.