No Good Deed Goes Unpunished
A reprimand has been imposed by the Ohio Supreme Court of an attorney admitted in 1975
disciplinary counsel, charged [attorney] Bond with multiple violations of the Rules of Professional Conduct after he provided financial assistance to a man whom he believed to be a client but who was actually a thief.
Because the thief was not a client
We find that Bond violated Prof.Cond.R. 8.4(a) by loaning money to a person whom he believed was his client and therefore adopt the board’s findings of fact and misconduct, dismiss the remaining alleged violations, and agree that a public reprimand is the appropriate sanction for Bond’s misconduct.
The story
On February 18, 2014, Bond filed a report with the Chardon Police Department alleging that he had received a phone call earlier that month from Patrick Paul Heald, who stated that he had been referred to Bond to discuss his personal-injury case. Bond reported that when he met Heald at a diner in Willoughby, Ohio, on February 3, 2014, Heald’s right arm was bandaged and he was limping. Heald claimed that he had been badly burned in an industrial accident and requested financial assistance to pay for medication and living expenses until he received his next paycheck. Later that day, Bond entered into a contingent-fee agreement to represent Heald in his personal-injury matter. He also had Heald sign a photocopy of seven $100 bills with the notation, “Temporary loan of $700.00 cash advanced 2/3/14 by Daniel E. Bond to Patrick Paul Heald,” and then gave him the cash and a check for $1,300. Heald did not repay the loan as agreed and made excuses for his failure to do so.
After receiving a telephone inquiry from another man seeking representation in a personal-injury matter, Bond reported these facts to the Chardon Police Department. Heald was indicted and convicted of theft, for which he was sentenced to eight months in prison and ordered to pay restitution of $2,000 to Bond.
The court followed the recommendation of the Board of Professional Conduct.
But
O’NEILL, J., dissents and would dismiss the complaint.
(Mike Frisch)