2016 Ohio 3045
Ohio2016Background
- Daniel L. Bennett, admitted in 2000, faced disciplinary charges for neglect, trust-account misuse, and failure to cooperate with disciplinary inquiries; matter proceeded on stipulated facts and hearing testimony.
- Bennett met with a prospective client, Brittany Wilson, then later represented her husband Joe Wilson without informing either or obtaining written waivers; he later withdrew and agreed to refund $327.50 but could not confirm delivery.
- Bennett was retained by Wayne Williams to file a divorce but failed to file the complaint or return an alleged $250 refund that Williams says he never received.
- Bennett stopped communicating with clients Billy and Senora Parson in a foreclosure matter, failed to inform them of a sheriff’s sale, and ignored multiple inquiry letters from disciplinary counsel.
- Between March 30 and April 6, 2015, Bennett missed 16 court-appointed hearings for indigent defendants and failed to appear at a show-cause hearing; he later attributed absences to family problems.
- Relator discovered a $43.28 overdraft in Bennett’s client trust account; Bennett admitted making personal purchases from the trust account, failing to maintain ledgers, and not performing monthly reconciliations; he also failed to respond to multiple disciplinary inquiry letters.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Conflict of interest / communication with represented person | Bennett met with prospective client Brittany and later represented her husband without disclosure or written waivers, violating Prof.Cond.R. 1.18(c) and 4.2 | Bennett did not obtain or confirm waivers and continued communications; no defense to conflict shown | Violation of Prof.Cond.R. 1.18(c) and 4.2 found |
| Neglect / failure to act for retained clients | Bennett failed to timely file a divorce for Williams and did not return retainer funds, violating Prof.Cond.R. 1.3 | Bennett claimed he sent refund checks but cannot confirm receipt | Violation of Prof.Cond.R. 1.3 found |
| Trust-account and recordkeeping violations; failure to cooperate with investigation | Bennett overdrew trust account, made personal purchases, lacked ledgers and reconciliations, and ignored inquiry letters, violating Prof.Cond.R. 1.15 duties and 8.1(b)/Gov.Bar R. V(9)(G) | Bennett admitted recordkeeping and trust-account failures but failed to respond to disciplinary requests | Violations of Prof.Cond.R. 1.15(a), 1.15(a)(2),(3),(5), 8.1(b), and Gov.Bar R. V(9)(G) found |
| Failure to communicate and to appear for court-appointed matters; prejudicial conduct | Bennett ceased communicating with Parsons and missed multiple appointed hearings, violating Prof.Cond.R. 1.4, 1.3, 1.16(c), and 8.4(d) | Bennett cited personal/family problems but did not notify clients or courts appropriately | Violations of Prof.Cond.R. 1.4(a)(3),(4), 1.3, 1.16(c), and 8.4(d) found |
Key Cases Cited
- Disciplinary Counsel v. Brueggeman, 128 Ohio St.3d 206 (imposed conditionally stayed one-year suspension for neglect, failure to refund, and failure to respond to relator; no prior discipline)
- Disciplinary Counsel v. Oberholtzer, 136 Ohio St.3d 314 (imposed conditionally stayed one-year suspension for neglected matters, failure to deposit retainer, and failure to respond to relator; no prior discipline)
- Stark Cty. Bar Assn. v. Buttacavoli, 96 Ohio St.3d 424 (discusses factors courts consider when imposing sanctions for attorney misconduct)