2018 Ohio 5090
Ohio2018Background
- Robert J. Leon, admitted 2004, was retained in Feb 2015 by a married couple to file a Chapter 7 bankruptcy; they paid $1,850 (including $335 filing fee, $1,515 retainer) and provided requested documents.
- Leon deposited the clients’ funds into his operating account rather than his client trust account, and he never filed the bankruptcy petition despite telling the wife at times that it had been filed or was pending.
- As a result of no filing, creditors pursued collections, foreclosed the home, and repossessed a vehicle; Leon delayed refunding fees and only repaid the clients after a grievance was filed and 17 months after terminating representation.
- During the representation Leon engaged in a consensual sexual relationship with the wife (the spouse of his other client), which began via explicit e-mails and occurred at his office; the husband discovered the affair in July 2016 and Leon then withdrew from representation.
- The Board found violations of Prof.Cond.R. 1.3 (diligence), 1.8(j) (sexual relations with client), 1.15(c) (client trust account), and 1.16(e) (refund of unearned fees); parties had stipulated facts and jointly recommended a six-month stayed suspension.
- The Supreme Court agreed on misconduct but imposed a one-year suspension with six months stayed on conditions (no further misconduct and payment of costs); dissent would have adopted the six-month stayed suspension.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Leon violated duties by failing to file the bankruptcy and by lack of diligence | Relator: Leon neglected the clients, failed to file petition, misled client, harming them financially (Prof.Cond.R. 1.3) | Leon (stipulated facts) essentially lacked prior discipline, cooperated, and asserted mitigating factors | Court: Found violation of Prof.Cond.R. 1.3; misconduct established |
| Whether Leon improperly had sexual relations with a client | Relator: Sexual relationship with the wife violated Prof.Cond.R. 1.8(j) and created conflict and harm | Leon did not dispute the relationship; relied on mitigating facts (cooperation, character) | Court: Found violation of Prof.Cond.R. 1.8(j); aggravated the misconduct |
| Whether Leon mishandled client funds by not using a trust account | Relator: Depositing retainer and filing fee into operating account violated Prof.Cond.R. 1.15(c) | Leon acknowledged deposit error but cited mitigation and eventual refund | Court: Found violation of Prof.Cond.R. 1.15(c) and also 1.16(e) for delayed refund |
| Appropriate sanction for combined misconduct | Relator: Suspension appropriate given multiple aggravating factors and harm | Leon and board jointly recommended six-month stayed suspension, citing mitigating factors | Court: Imposed one-year suspension with six months stayed (conditions); dissent would adopt the agreed six-month stayed suspension |
Key Cases Cited
- Disciplinary Counsel v. Hubbell, 144 Ohio St.3d 334 (attorney attempted to initiate romantic relationship with a client; six-month conditionally stayed suspension discussed)
- Cleveland Metro. Bar Assn. v. Paris, 148 Ohio St.3d 55 (attorney made unwelcome sexual advances and neglected client; comparable sanction considered)
- Disciplinary Counsel v. Hines, 133 Ohio St.3d 166 (attorney engaged in sexual relationship with client, created serious conflicts; six-month conditionally stayed suspension)
- Disciplinary Counsel v. Owen, 142 Ohio St.3d 323 (attorney’s sexual relationship with client’s spouse in capital case compromised representation; two-year suspension with one year stayed)