Toledo Bar Assn. v. Hetzer
137 Ohio St. 3d 572
| Ohio | 2013Background
- Hetzer, an Ohio attorney admitted in 1978, held marital funds in trust and deducted fees from those funds without proper accounting.
- He failed to deposit funds timely into his client trust account and did not perform monthly reconciliations.
- He released escrowed funds directly to the client and did not maintain accurate records of all funds received and disbursed.
- There was a later distribution of funds to the client’s former spouse but no evidentiary harm shown; however, accounting deficiencies remained.
- The Board adopted findings of misconduct and recommended public reprimand; the court affirmed the reprimand after considering aggravating/mitigating factors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Hetzer violate client trust accounting rules 1.3 and 1.15(a)? | Board says violation present. | Hetzer contends no proven harm and mitigation. | Yes, violations established. |
| Did Hetzer fail to perform monthly trust-account reconciliations (1.15(a))? | Board finds missing monthly reconciliations. | Hetzer claims no timely reconciliation occurred. | Yes, violation proven. |
| Did Hetzer improperly disburse funds to himself and to the client (1.15(e))? | Board asserts improper disbursement from escrow. | Hetzer admits improper withdrawal but argues characterization. | Yes, violation established. |
| Did Hetzer mischaracterize or fail to maintain records of funds (1.15(a)(2)(ii))? | Board found failure to maintain accurate records. | Hetzer claims records were reflected elsewhere. | Yes, violation proven. |
| Should public reprimand be imposed given mitigating factors and lack of prior discipline? | Board recommends reprimand. | Hetzer argues for lesser sanction due to mitigation. | Public reprimand imposed. |
Key Cases Cited
- Stark Cty. Bar Assn. v. Buttacavoli, 96 Ohio St.3d 424 (2002-Ohio-4743) (consideration of factors in imposing discipline; aggravating/mitigating factors)
- Disciplinary Counsel v. Broeren, 115 Ohio St.3d 473 (2007-Ohio-5251) (weights of aggravating/mitigating factors in sanctions)
- Cincinnati Bar Assn. v. Helbling, 124 Ohio St.3d 510 (2010-Ohio-955) (analogous to case; restitution/record-keeping failures; public reprimand warranted)