Pending discipline from state, lawyer quits practicing in Ohio

The lawyer moved to Las Vegas two years ago without informing a client.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- A former local defense attorney has resigned from practicing law in Ohio in the face of a pending disciplinary action against him.
E. Winther McCroom had been a lawyer since May 1962. In 2002, he closed his law practice here and moved to Las Vegas, Nev.
According to documents from the Ohio Supreme Court's disciplinary counsel, McCroom left behind at least one client who had paid him for legal services that were not provided.
Shawn Willis of Boardman hired McCroom in September 2001 to represent him on a charge of cocaine trafficking. Willis paid McCroom $8,000 up front, the documents say.
McCroom appeared in court for Willis two weeks later and entered a plea of innocent. After that, McCroom did not appear for several court hearings and did not answer or return telephone calls from Willis.
Not at trial
Willis said in documents that McCroom did not appear for his trial March 27, 2002, in Mahoning County Common Pleas Court. That was when Willis first learned that the attorney had moved away. McCroom had not informed Willis that he was closing his law practice and leaving the state, documents say.
Judge Jack Durkin eventually removed McCroom from the case and Willis hired another lawyer. Willis subsequently filed a complaint against McCroom with the county bar association, which forwarded the matter to the state disciplinary counsel.
Atty. Jonathan Coughlan, disciplinary counsel, said that the complaint was investigated and that some sort of disciplinary action against McCroom was pending. Now that McCroom has resigned, no other action will be taken because he can no longer practice law, Coughlan said.
Asked for refund
The bar association's complaint, filed with the state in June 2003, says Willis asked McCroom in writing to refund his money so he could hire another lawyer, but it was not repaid. That was the basis for one of the misconduct complaints lodged against him by the county bar association.
One of the things the high court required of McCroom upon his resignation is that he refund any part of any fees that were paid to him in advance that are unearned.
Atty. Larry Wilkes, legal counsel for the bar association, said he is not sure whether Willis got his money back.
Other complaints the bar association filed against McCroom were for withdrawing from a case without the court's permission, neglecting a legal matter entrusted to him, withdrawing from a case without properly ensuring the rights of his client and failure to cooperate.
bjackson@vindy.com