Both Sides Now

The Ohio Supreme Court imposed a stayed one-year suspension for an attorney’s ethics violations in several matters.

One stands out

In February 2013, Bennett met with Brittany M. Wilson (“Brittany”) to discuss the possibility of representing her in a marital dissolution or divorce proceeding. During that meeting, Bennett and Brittany discussed the documents that she would need for a dissolution, the issues that were most important to her, and what she had hoped to achieve. After the meeting, Brittany decided to retain a different attorney.

Less than four weeks later, in March 2013, Brittany’s husband, Charles Joseph Wilson (“Joe”), retained Bennett to represent him in the same matter. Bennett, however, failed to inform Joe that he had previously met with Brittany. Nor did Bennett discuss the potential conflict of interest with Brittany or Joe or obtain written waivers from them of the conflict. Instead, Bennett called Brittany and informed her that Joe had retained him. During that telephone conversation, Brittany advised Bennett that she had since hired other counsel, but he continued to discuss the dissolution proceeding with her. Indeed, he noted that based on his previous discussion with her, he believed that she and her husband were close to reaching a dissolution agreement.

The Wilsons, however, could not reach an agreement, and in October 2013, Bennett filed a complaint for divorce on Joe’s behalf. Bennett later recognized that because of his prior consultation with Brittany, he had to withdraw as Joe’s counsel. Bennett also agreed to refund the unearned portion of Joe’s retainer, which amounted to $327.50. However, at his disciplinary hearing, Bennett explained that because his former law firm had issued the refund check, he could not confirm whether Joe had actually received it.

The sanction is stayed on compliance with a number of conditions. (Mike Frisch)