Golden
CHARLESTON - For the second time in her legal career, Ellen Golden has been disciplined twice in the same year by the state Bar for failing to timely handle her client's cases.
Last month, the Lawyer Disciplinary Board, the Bar's prosecutorial arm, admonished Golden for "fail[ing] to act diligently" in cases involving a Charleston, and Dayton, Ohio woman. Records show both admonishments were issued on June 10.
The Board's action stemmed from separate complaints filed by Maria L. Ormsby, and Carol P. Hill with the Office of Disciplinary Counsel, the Bar's investigative arm. Both alleged that Golden either procrastinated in filing paperwork or failed to keep them informed of the status of their cases.
In her complaint filed Aug. 20, 2007, Ormsby, of Charleston, said she hired Golden in the summer of 2006 to appeal the Crime Victim Compensation Fund's denial of a claim she made on behalf of her son. According to her complaint, Ormsby said the Fund denied the claim because her son received counseling from unlicensed counselor.
During the appeal hearing on Aug. 4, 2006 Golden argued that while the counselor, Elizabeth Crawford, was not a licensed professional counselor, the claim should be paid because state code exempts counseling provided by non-profit organizations like Crawford's Domestic Violence Counseling Center. The administrative law judge asked that Golden submit a brief outlying her argument after Labor Day weekend.
However, Golden never filed the brief. According to Ormsby's complaint, Golden was granted three extensions, the final coming in November to have the brief submitted by the end of December.
When Crawford contacted Cheryle Hall, clerk of the Court of Claims which oversees the Fund, on Ormsby's behalf on Dec. 29, 2006, she learned that Golden still had not filed the brief.
In her reply to Ormsby's complaint, Golden acknowledged that she had yet to file the brief. She alleged that Hall told her it was OK to file it late.
Also, Golden said that since it was Crawford, and not Ormsby's son, who would be receiving money, ' "[n]o one is prejudiced by the late filing."'
On June 26, 2008, Hill filed her complaint against Golden. In it, she alleged Golden failed to timely correct the wording of a qualified domestic relations order in Hill's divorce.
According to the complaint, Hill's divorce was finalized on Dec. 15, 2000. In September 2005, Hill contacted Golden about receiving a portion of her ex-husband's retirement from the Air Force.
In a letter dated Sept. 30, 2005, Golden said she would file a qualified order for Hill. The letter also stated that a previous payment Hill made would " 'cover the time involved in handling this for you'" though additional funds would be necessary to purse it in circuit court.
However, Hill alleges that she never heard back from Golden. Despite multiple calls left for Golden, with the last on Aug. 13, 2007, Hills says none were returned.
In her response to Hill's complaint, Golden said that she never received any of the forms she requested from the Defense Finance and Accounting Service. Also, Golden said that she did not file Hill's case in circuit court.
In a letter dated March 3, Golden stated that she refunded the $175 Hill paid her to file the qualified order.
In both Ormsby's and Hill's complaints, the Board found that Golden violated Rules of Professional Conduct dealing with diligence and communication. In his closing letter in both cases, Stephen Jory, chairman of the Board's investigative panel, said Golden's inaction is the type of conduct many find frustrating about attorneys.
"No professional shortcoming is more widely resented than procrastination, and Complainant's interests were delayed and possibly adversely affected by Respondent's failure to act," Jory said.
Down the road before
As previously reported in The West Virginia Record, the Board previously admonished Golden twice on the same day for mishandling two cases. On April 11, 2006, the Board chided Golden for mishandling a Barboursville man's wrongful termination suit, and a Dunbar man's petition for child support modification.
Both complaints, records show, were filed by Michael A. Stephens and Bobby Tucker in 2005.
In response to Stephens' complaint, Golden admitted to putting filing a wrongful termination suit against his former employer Wal-Mart on the back burner due to family issues, and an influx of bankruptcy clients who wanted their cases filed before new changes in the law took effect. Though she still offered to help him file the suit before the statute of limitations expired on Jan. 15, 2006, Golden later told ODC that she considered herself relived of her duties when Stephens did not sign and return a contract and fee agreement.
Though he paid her a $1,000 retainer to file his modification petition, Tucker alleged that despite preparing it on Sept. 2, 2003, Golden never was aware it went unfiled and unserved until she heard from Charleston attorney Carter Zerbe in November 2004. Tucker enlisted Zerbe's aid to help him get his file and money back from Golden.
Despite telling Zerbe she would "refund every penny" of Tucker's money, Golden did not respond to repeated telephone calls and letters both Tucker and his girlfriend sent her from January to August 2005 asking for a refund. Only after Carter and Tucker jointly filed a complaint against Golden with ODC, did she return the retainer, and files.
In addition to charging her with Rules violations relating to diligence and communication, like it did in Ormsby's and Hill's complaints, the Board also charged Golden with Rules violations regarding non-lawyer assistants, and failing to respond to an investigative inquiry in Stephens' and Tucker's cases, respectfully.
The Record attempted to get a comment about Golden's admonishments from Sherri Goodman, a former Chief Lawyer Disciplinary Counsel for whom Golden worked from 1993 to 1995, who is advising Golden. Though Goodman declined to comment, she did say any response would be contained in a reply to the state Supreme Court.
However, a call to the clerk's office revealed nothing was filed by presstime. Also, Golden and Goodman were given 14 days to file a reply in Ormsby's and Hill's complaints from June 16 and 17, respectfully.
The Record also attempted to get a comment from the state Tax Department about the Bar's action. Kimberly Osborne, a department spokeswoman, declined to comment citing personnel reasons.
According to ODC, Golden still has two open ethics complaints.