Dayton Bar Ass'n v. Scaccia
34 N.E.3d 919
Ohio2015Background
- John J. Scaccia, admitted 1983, was already suspended Oct. 2, 2014 for prior misconduct; he had not completed ordered restitution accounting and remained suspended.
- Relator (Dayton Bar Assn.) filed a new complaint resolving some charges by stipulation; a three-member board panel found additional misconduct after a hearing.
- Boucha Elghouati (personal-injury client): Scaccia settled her case, failed to have the closing statement signed by attorney and client, could not account for $2,304.70 in medical disbursements, and had trust-account shortfalls/one overdraft.
- Darla Brewer (criminal-defense client): Scaccia accepted a $1,500 retainer but failed to deposit it to trust, did not give Brewer required written notice of no malpractice insurance, gave no written fee agreement or clear written explanation of scope/conflict when representing mother and son.
- Board found violations of Prof.Cond.R. 1.5(c)(2), 1.15(a), 1.15(e), 1.4(c), 1.15(c), and 1.5(b); other charges were dismissed.
- Board recommended, and the court imposed, a one-year suspension with six months stayed (to run concurrently with the prior suspension) and conditions including CLE on office management/trust accounting and monitored probation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Failure to prepare and sign contingent-fee closing statement (Prof.Cond.R. 1.5(c)(2)) | Scaccia failed to produce a signed closing statement for Elghouati | Scaccia did not dispute settlement/disbursement but lacked signed form | Violation proven — closing statement requirement breached |
| Trust-account recordkeeping, prompt distribution, and account shortages (Prof.Cond.R. 1.15(a), 1.15(e)) | Scaccia could not account for $2,304.70 and had trust shortfalls/overdraft | Scaccia later tendered a check to cover unaccounted funds and remedied some deficiencies | Violations proven for recordkeeping and prompt distribution |
| Failure to deposit prepaid fee into client trust and failure to give written insurance-notice (Prof.Cond.R. 1.15(c), 1.4(c)) | Scaccia accepted Brewer’s retainer but did not deposit to trust and failed to provide written notice of no malpractice insurance | Scaccia had informed Brewer orally and performed some work | Violations proven for both failure to deposit prepaid fee and failure to give required written notice |
| Inadequate communication about multi-defendant representation and scope (Prof.Cond.R. 1.5(b)) | Representing mother and son in same criminal matter created a potential conflict; Brewer was not adequately informed in writing | Scaccia contended he gave an oral explanation about strategy and potential conflict | Violation proven — attorney failed to communicate nature/scope clearly in writing |
Key Cases Cited
- Toledo Bar Assn. v. Royer, 133 Ohio St.3d 545 (Ohio 2012) (one-year suspension, all stayed, for trust-account failures and neglect tied to time-management problems)
- Disciplinary Counsel v. Dockry, 133 Ohio St.3d 527 (Ohio 2012) (one-year suspension, all stayed with monitored probation for misuse of trust funds and remedial measures taken)
- Disciplinary Counsel v. Young, 113 Ohio St.3d 36 (Ohio 2007) (contemporaneous misconduct prosecuted separately does not always justify harsher sanction)
- Akron Bar Assn. v. Snyder, 87 Ohio St.3d 211 (Ohio 1999) (ethics violations occurring in same time period as prior discipline may not require a different sanction)
- Stark Cty. Bar Assn. v. Buttacavoli, 96 Ohio St.3d 424 (Ohio 2002) (factors to consider when imposing sanctions)
- Disciplinary Counsel v. Broeren, 115 Ohio St.3d 473 (Ohio 2007) (use of aggravating and mitigating factors in sanction determinations)