Akron Bar Assn. v. Carr, 963 N.E.2d 802

Akron Bar Association filed a complaint against Jeffrey A. Carr for violating several Rules of Professional Conduct.
Carr represented Silas Pearson in a real-estate purchase-related suit against Coldwell Banker and an agent, commencing December 2008.
Carr charged Pearson $240 per hour for about ten months, totaling $13,944 for 58.1 hours plus a $250 filing fee by December 2008 through July 2009.
The case settled in September 2009 for $7,500; Carr billed for mediation and dismissal, gave a $1,000 reduction, and offset the balance against the settlement proceeds.
Pearson ultimately received a $250 check from Carr, with Carr retaining $7,250, resulting in Pearson paying $14,000 in fees for $7,250 of value.
An expert (R. Scott Haley) testified that many billed hours were excessive and that research on property taxes was readily available to the public, undermining Carr’s fee reasonableness.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Carr charged a clearly excessive fee	Carr charged excessive fees, violating 1.5(a).	Carr contends charges were reasonable given case complexity.	Yes, fee was clearly excessive.
Whether other charges were proven or not	Relator proved remaining charges unsupported by proof.	Carr contested the factual basis for other charges.	Other charges not proven.
Appropriate sanction for excessive fees	Sanction should reflect severity and protect clients.	Sanction should be limited given mitigating factors.	Six-month stayed suspension with conditions.
Restitution and costs beforeactivation of status	Carr should restitute $7,250 and pay costs.	Proceedings should allow restoration only after restitution and costs are paid.	Restitution and costs required prior to restoration to active status.

Disciplinary Counsel v. Smith, 124 Ohio St.3d 49 (2009-Ohio-5960) (six-month stay/no prior record in excessive-fee sanctions)
Toledo Bar Assn. v. Johnson, 121 Ohio St.3d 226 (2009-Ohio-777) (six-month suspension stayed on conditions for excessive fees)
Cleveland Bar Assn. v. Character-Floyd, 83 Ohio St.3d 306 (1998) (six-month stayed suspension for excessive-fee misconduct)