Akron Bar Ass'n v. DeLoach
34 N.E.3d 88
Ohio2015Background
- Jana Bassinger DeLoach, admitted 1999, had prior discipline (2010 suspension for CLE noncompliance; 2011 stayed six-month suspension for dishonesty; 2012 public reprimand for failing to notify clients of lack of malpractice insurance).
- In 2008 Rose Warren paid DeLoach a $7,000 retainer to pursue postconviction relief and release for her son; DeLoach quoted $250/hour and said she would continue work if the retainer were subsumed.
- DeLoach delayed filing an adequate resentencing motion until May 2010, filed a thin three-page motion, failed to reply to the state’s opposition, and did not follow through when the court delayed ruling.
- DeLoach never deposited the $7,000 retainer into a client trust account or kept client accounting records; she later could only justify at most 16.6 hours ($4,150) of earned fees and did not timely refund the unearned $2,850.
- Relator (Akron Bar Assn.) charged neglect, failure to communicate, excessive fee, and client-trust-account violations; the board found multiple violations but recommended a two-year suspension stayed on conditions; the Supreme Court adopted findings but imposed an actual suspension of two years with the second year stayed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Diligence (Prof.Cond.R. 1.3) | DeLoach neglected Turner’s case by delaying and filing inadequate pleadings. | DeLoach acknowledged delays and tactical choices but explained efforts to obtain records. | Violation proved; lawyer failed to act with reasonable diligence. |
| Communication (Prof.Cond.R. 1.4) | Client alleged inadequate updates and failure to respond to requests. | DeLoach argued she communicated the limited status information she had. | Charges under 1.4(a)(3) and 1.4(a)(4) dismissed for insufficient evidence. |
| Excessive fee / Restitution (Prof.Cond.R. 1.5) | Retainer exceeded reasonable earned fees; Warren entitled to refund. | DeLoach retained whole retainer, later stipulated to refund but delayed payment. | Violation proved; $2,850 unearned; restitution required (made after delay). |
| Client trust account / records (Prof.Cond.R. 1.15) | DeLoach failed to deposit retainer into trust account and kept no records. | DeLoach offered no contrary records. | Violation proved; failed to maintain records and deposit advance fees into trust. |
| Sanction (appropriate discipline) | Relator sought substantial suspension given multiple offenses and prior discipline. | DeLoach (and board initially) recommended stayed suspension based on mitigation. | Court imposed 2-year suspension with second year stayed on conditions (actual suspension for first year) due to aggravating factors and limited mitigation. |
Key Cases Cited
- In re DeLoach, 939 N.E.2d 190 (Ohio 2011) (prior suspension for CLE noncompliance)
- Akron Bar Assn. v. DeLoach, 956 N.E.2d 811 (Ohio 2011) (discipline for dishonesty during investigation)
- Akron Bar Assn. v. DeLoach, 978 N.E.2d 181 (Ohio 2012) (public reprimand for failing to notify clients of no malpractice insurance)
- Akron Bar Assn. v. Tomer, 6 N.E.3d 1133 (Ohio 2013) (comparable multi-rule misconduct; stayed two-year suspension in differing factual posture)
- Columbus Bar Assn. v. Farmer, 855 N.E.2d 462 (Ohio 2006) (retainer: lawyer may keep only reasonable value of services earned)
- Disciplinary Counsel v. Potter, 930 N.E.2d 307 (Ohio 2010) (dishonesty violations typically warrant actual suspension)