Defective Contingent Fee Agreements Lead To Stayed Suspension

The Ohio Supreme Court has imposed a stayed two year suspension of an attorney primarily for defects in his contingent fee agreements with multiple clients.

The agreements mentioned that an attorney named Freeman would participate in the matter but

The contingent-fee contracts failed to disclose that Freeman was not a member of Schiff’s firm and did not disclose Schiff’s intent to refer the case to an attorney (Freeman) outside of Schiff’s law firm. The contracts also did not disclose that the fees would be divided between Schiff and Freeman, nor did they identify how the fees would be divided. Accordingly, in each instance the client was not afforded an opportunity to give written consent to the division of fees between Schiff and Freeman or to the manner in which the fees would be divided.

The attorney had reported Freeman to the FBI and to disciplinary authorities.

Freeman was ultimately and permantly disbarred for other misconduct. The court found over 50 ethical violations after he defaulted on the charges. (Mike Frisch)