Cleveland Metropolitan Bar Ass'n v. Wrentmore
138 Ohio St. 3d 16
| Ohio | 2013Background
- James C. Wrentmore, admitted in Ohio 1990, was charged in a six-count amended complaint alleging mishandling of client funds and nonpayment for CLE seminars; panel and Board found all counts proven.
- From Jan–May 2010, Wrentmore received four court refund checks (ranging $5–$2,644.74) for matters in which he no longer represented the payees; he cashed or deposited those funds into his personal account and did not promptly deliver them to rightful recipients.
- After his employer discovered a $2,644.74 refund had been cashed and endorsed by Wrentmore, he was terminated; months later he purchased postal money orders to repay the firm/clients only after investigation disclosed the transactions.
- Between April 14–28, 2011, he attended five OSBA CLE seminars without timely paying for them (three as alleged walk-ins; two paid by NSF checks); he later reported CLE credit and paid only after requests to revoke credit and long delay.
- The panel found violations of Prof.Cond.R. 1.15(a), 1.15(d), 8.1(a), 8.4(b), 8.4(c), and 8.4(h); the Board recommended indefinite suspension; the Supreme Court adopted the findings and imposed an indefinite suspension conditioned on OLAP compliance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Misappropriation of client refunds | Wrentmore converted client/refund checks, failing to promptly deliver funds | He kept funds segregated, intended to repay, and at times claimed ignorance | Court found conversion and misappropriation; violation of Prof.Cond.R.1.15; misconduct proven |
| False statements in disciplinary process | He lied to employer and investigator about handling of checks | He maintained funds were held segregated and always safe | Court found he knowingly made false statements; violation of Prof.Cond.R.8.1(a) and 8.4(c) |
| Theft of services (CLE nonpayment) | He obtained CLE credit and attended seminars without timely payment; used deception | He claimed belief he had preregistered or sufficient funds; financial hardship | Court found theft of services and deceit; violations of obligations to pay and ethical rules (8.4(b), 8.4(h)) |
| Appropriate sanction | Relator sought significant discipline for pattern of dishonesty and multiple offenses | Wrentmore noted no prior discipline, OLAP participation, treatment for depression, and eventual restitution | Court imposed indefinite suspension (disbarment presumptive for misappropriation but mitigation supported indefinite suspension), conditioning reinstatement on OLAP compliance |
Key Cases Cited
- Stark Cty. Bar Assn. v. Buttacavoli, 96 Ohio St.3d 424, 775 N.E.2d 818 (Ohio 2002) (factors to consider in sanctioning attorney misconduct)
- Disciplinary Counsel v. Broeren, 115 Ohio St.3d 473, 875 N.E.2d 935 (Ohio 2007) (weighing aggravating and mitigating factors in discipline)
- Disciplinary Counsel v. McCauley, 114 Ohio St.3d 461, 873 N.E.2d 269 (Ohio 2007) (disbarment presumptive for misappropriation; indefinite suspension possible with substantial mitigation)
- Akron Bar Assn. v. Smithern, 125 Ohio St.3d 72, 926 N.E.2d 274 (Ohio 2010) (indefinite suspension for extensive client-fund conversion)
- Toledo Bar Assn. v. Crossmock, 111 Ohio St.3d 278, 855 N.E.2d 1215 (Ohio 2006) (indefinite suspension for large-scale misappropriation)
- Disciplinary Counsel v. Yajko, 77 Ohio St.3d 385, 674 N.E.2d 684 (Ohio 1997) (indefinite suspension for repeated conversions)
- Cleveland Metro. Bar Assn. v. Gruttadaurio, 136 Ohio St.3d 283, 995 N.E.2d 190 (Ohio 2013) (indefinite suspension where multiple acts of dishonesty and misrepresentations occurred)
- Cleveland Bar Assn. v. Dixon, 95 Ohio St.3d 490, 769 N.E.2d 816 (Ohio 2002) (timeliness and circumstances of restitution affect mitigating weight)