“My Word Is My Bond, Until I Change It, I Guess”
An attorney should be suspended for two years, according to a recommendation of the Ohio Board on Professional Conduct.
The client retained the attorney to represent him at an in connection with an Examination Under Oath in connection with a fire. The misconduct involved the attorney’s bills and and his threats to and actual disclosure of confidential information.
The attorney stated in writing that he did not charge for the initial consultation and estimated that his fee would be $2300.
His fee – billed the day after the EOU – was $4350. The client questioned the bill but agreed to pay $3300 in $500 monthly installments.
The client made the payments but the attorney nonetheless sued for unpaid fees. He explained the fact that he sought payment for the “free” consultation:
“I changed my mind.”
“My word is my bond. until I change it, I guess.”
That, charging 1.4 hours for preparing the fee agreement and an interest rate of 1.5% were found to be unreasonable charges.
The board further found that he violated his duties to a former client and to preserve confidentiality by accusing the client of lying at the EOU. The board found no exception to confidentiality that allowed this claim.
The Geauga County Maple Leaf reported on the fire
An unoccupied house just north of River Road Park in Bainbridge Township burned down the morning of July 3, providing some unfortunate pre-Independence Day pyrotechnics, according to Fire Chief Brian Phan.
The 5,228-square-foot multi-level structure, owned by Richard E. Berris Jr., is located on 5.87 acres at 17495 Chagrin River Road.
The Ohio Fire Marshal is investigating the cause of the fire, Phan said Monday afternoon, adding the structure was fully involved by the time Bainbridge firefighters arrived around 6 a.m.
Within 15 minutes of their arrival, a five-gallon bucket of acetone left in the home exploded and shot up right through the structure, the chief said.
“It blew up through the house like a rocket and shook neighboring homes,” said Phan. “It shook my car and I was several hundred feet down the road.”
Firefighters from Solon, Chardon, Auburn and Russell fire departments assisted in fighting the blaze for about six hours, Phan said, adding he was glad to have a ladder truck in place so firefighters were able to get up over the inferno and pour water down on it.
However, the roof collapsed, trapping the fire and causing it to reignite twice during the day, he said.
Heavy equipment finally was brought in to tear the roof apart so the last of the embers could be extinguished.
Berris, who said he has been building on the structure for 15 years, used it primarily for storage, Phan said, adding he understands there may be some issues with his insurance coverage.
According to the News-Herald, who was on location during the fire, Berris said he had lots of equipment stored at the home to design and build test instrumentation equipment, but had had plans to eventually move into the home.
According to the Geauga County Auditor’s Office, Berris also owns a 2,256-square-foot home at 18778 Highpoint Road in Bainbridge Township.
The attorney has prior discipline of a public reprimand in Arizona and a stayed one year suspension in Ohio. (Mike Frisch)