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Columbus Bar Association v. Midian.
111 N.E.3d 1183
Ohio
2018
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Background

  • William M. Midian, admitted in Ohio 2006, represented a doctor who had pled guilty to a misdemeanor workers’ compensation‑fraud charge and sought to mitigate its effect and to stay related medical‑board proceedings.
  • Midian discussed fees but did not set a specific amount or provide a written fee agreement; he accepted a $25,000 check and deposited it into his trust account.
  • Midian sent $12,500 of the funds to another attorney (Eric A. Jones) who was separately retained to handle medical‑board matters; Jones later returned $5,000 to Midian. No written fee‑sharing agreement was executed.
  • Midian delegated drafting of a motion to an attorney with little criminal experience, reviewed but did not sign the motion, and accepted a $17,500 fee for that work; the motion failed to invoke Crim.R. 32.1 or address manifest injustice and was overruled.
  • The parties stipulated violations of Prof.Cond.R. 1.5(a), 1.5(b), and 1.5(e); they also agreed on mitigating factors (no prior discipline, no dishonest motive, cooperation, refund of the $17,500, current use of written fee agreements).
  • The Board recommended, and the Supreme Court adopted, the parties’ consent‑to‑discipline agreement and imposed a public reprimand; costs were taxed to Midian.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Midian charged an illegal or clearly excessive fee (Prof.Cond.R. 1.5(a)) Midian charged and collected a clearly excessive $17,500 for deficient work Midian conceded misconduct but relied on mitigation (refund, no prior discipline) Violation found; public reprimand imposed
Whether Midian failed to communicate fee terms in writing (Prof.Cond.R. 1.5(b)) No written fee agreement or clear communicated basis/rate of the fee Midian acknowledged omission and has since adopted written fee agreements Violation found; public reprimand imposed
Whether Midian improperly divided fees with a non‑firm lawyer without required written disclosures/consent (Prof.Cond.R. 1.5(e)) Midian forwarded client funds to Jones and received funds back without a written, proportional fee‑sharing agreement or client consent Midian did not have proper fee‑sharing arrangement; relied on mitigation Violation found; public reprimand imposed
Appropriate sanction for the misconduct Public reprimand appropriate given similar precedent and mitigating factors Agreed to consent‑to‑discipline and mitigation; requested public reprimand Court adopted consent agreement and publicly reprimanded Midian

Key Cases Cited

  • Columbus Bar Assn. v. Adusei, 136 Ohio St.3d 155 (public reprimand for clearly excessive fee)
  • Geauga Cty. Bar Assn. v. Martorana, 137 Ohio St.3d 19 (public reprimand for attorney fee misconduct)
Read the full case

Case Details

Case Name: Columbus Bar Association v. Midian.
Court Name: Ohio Supreme Court
Date Published: Sep 27, 2018
Citation: 111 N.E.3d 1183
Docket Number: 2018-0541
Court Abbreviation: Ohio