Akron Bar Assn. v. White
136 Ohio St. 3d 51
Ohio2013Background
- Ohio attorney Daniel White deposited a $450 retainer into his firm operating account rather than a client trust account.
- Brown provided documents suggesting he was not the true purchaser/owner of the car; White filed suit against a dealer other than the seller.
- White dismissed the complaint without prejudice after Brown attended a pretrial conference alone due to scheduling conflicts.
- Counts I–III alleged competence and diligence violations; Counts IV–VI concerned fee handling; the board dismissed some counts.
- Board adopted the panel’s findings on one violation (1.15(c)) and rejected others; court issued an order to show cause and adopted the board’s conclusions.
- Court ultimately imposed a public reprimand for violation of Prof.Cond.R. 1.15(c); costs taxed to White.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did White violate 1.15(c) by depositing fees into operating account? | White violated 1.15(c) by failing to deposit fees in trust. | White contends fee handling complied with guidance given circumstances. | Yes; public reprimand for 1.15(c). |
| Were Counts I–III proven under the demanded standards? | Count I proven; Counts II–III alleged but disputed. | Counts II–III dismissed; Count I not sustaining after board review. | Counts I–III not upheld; board adopted dismissal. |
| Was Count V (written fee agreement) required and proven? | Fee agreement essential; violation proven. | Terms communicated; no written agreement required. | Count V dismissed; no violation proven. |
| What is the appropriate sanction for the misconduct? | Public reprimand with conditions. | Standard sanction sufficient given mitigating factors. | Public reprimand; costs taxed to White. |
Key Cases Cited
- Trumbull Cty. Bar Assn. v. Rucker, 134 Ohio St.3d 282 (2012-Ohio-5642) (public reprimand for similar trust-account misconduct)
- Disciplinary Counsel v. Broeren, 115 Ohio St.3d 473 (2007-Ohio-5251) (restitution and lack of prior discipline considerations)
- State ex rel. Akron Bar Assn. v. Buttacavoli, 96 Ohio St.3d 424 (2002-Ohio-4743) (public reprimand for attorney misconduct)