Disciplinary Counsel v. Turner.
114 N.E.3d 174
| Ohio | 2018Background
- Trent R. Turner, an Ohio attorney admitted in 1995, was charged with professional misconduct in 2016 after prior short suspension in 2011 for failure to register.
- Jane Doe paid Turner $1,000 in January 2015 for a judicial-release motion for Lamont Howard; Turner delayed communications, filed a copied motion previously denied, and never refunded the fee or informed clients of outcomes.
- Turner also collected $300 for representation in a small-claims matter, engaged in a consensual sexual encounter with Doe shortly thereafter, then ceased communication and failed to advise her of the court’s decision.
- Turner used his client trust account as a personal/operating account, commingled funds, failed to maintain required trust-account records, and did not deposit Doe’s advance fee into the trust account.
- The Board found violations of multiple Prof.Cond.R. provisions (diligence, communication, sexual relations with client, fee refunding, trust-account rules, dishonesty) and recommended a two-year suspension with six months stayed and conditions for reinstatement, which the Supreme Court of Ohio adopted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Turner neglected client matters and failed to communicate | Relator: Turner failed diligence and communication duties, filed plagiarized motion, and withheld outcomes | Turner admitted poor handling but cooperated; sought mitigation based on personal issues | Held: Violations of Prof.Cond.R. 1.3 and 1.4; conduct included dishonesty (8.4(c), 8.4(h)) |
| Whether Turner engaged in improper sexual conduct with a client | Relator: Sexual encounter occurred during representation and was improper under 1.8(j) | Turner acknowledged consensual encounter but did not dispute facts | Held: Violation of Prof.Cond.R. 1.8(j) for engaging in sexual activity with a client |
| Whether Turner misused client trust account and commingled funds | Relator: Turner deposited all funds into trust account, withdrew for personal use, and failed to keep records | Turner conceded misuse and recordkeeping failures | Held: Violations of Prof.Cond.R. 1.15(a), (b), (c), and record/reconciliation rules (1.15(a)(2)-(5)) |
| Appropriate sanction for combined misconduct | Relator: Suspension appropriate given dishonesty, multiple offenses, and client harm | Turner cited cooperation, character evidence, and substance-abuse treatment efforts as mitigation | Held: Two-year suspension with final six months stayed on condition of no further misconduct; specified reinstatement conditions and monitored probation |
Key Cases Cited
- Disciplinary Counsel v. Bricker, 137 Ohio St.3d 35 (2013) (plagiarism and misrepresentation can support fitness-related misconduct finding)
- Akron Bar Assn. v. Bednarski, 148 Ohio St.3d 615 (2017) (two-year suspension with part stayed where neglect, trust-account failures, and untreated substance abuse justified conditional reinstatement requirements)
- Cleveland Bar Assn. v. Kodish, 110 Ohio St.3d 162 (2006) (range of disciplinary measures for sexual involvement with clients depends on severity)
- Disciplinary Counsel v. Engler, 110 Ohio St.3d 138 (2006) (public reprimand for limited consensual sexual encounters that did not compromise client interests)
- Disciplinary Counsel v. Sturgeon, 110 Ohio St.3d 285 (2006) (disbarment for soliciting sex for reduced fees and repeated dishonesty)
- Cleveland Metro. Bar Assn. v. Paris, 148 Ohio St.3d 55 (2016) (term suspensions, partly stayed, are typical for sexual relations with clients depending on circumstances)
- Disciplinary Counsel v. Hines, 133 Ohio St.3d 166 (2012) (six-month suspension, stayed, for sexual relationship with vulnerable client and abandonment)
- Cleveland Metro. Bar Assn. v. Sleibi, 144 Ohio St.3d 257 (2015) (two-year suspension with part stayed for sexual activity with multiple clients and explicit communications)
- Toledo Bar Assn. v. Crosser, 147 Ohio St.3d 499 (2016) (prior registration-suspension is an aggravating factor)
- Disciplinary Counsel v. Anthony, 138 Ohio St.3d 129 (2013) (attorney-registration suspension counts as prior discipline)