Personal, and Possibly Inflammatory

A conflict of interest led to a public reprimand from the Ohio Supreme Court

In November 2006, Hackerd agreed to represent Rainie Krenn, the wife of his longtime friend and former client Tim Krenn, in a child-support and visitation matter involving Ms. Krenn’s daughter from a previous relationship. Mr. Krenn later agreed to adopt the child, and Hackerd represented the couple in the stepparent-adoption proceeding. The Krenns divorced in 2015, and Hackerd did not participate in those proceedings.

In January 2017, Ms. Krenn initiated postdecree proceedings seeking to have Mr. Krenn cited for contempt, to modify the court’s prior school-placement order, and to enforce the parenting-time and child-support orders. Mr. Krenn retained Hackerd to represent him in the postdecree proceedings.

In March 2017, Ms. Krenn asked the trial court to disqualify Hackerd from representing Mr. Krenn in the proceedings. At a hearing on the motion, Ms. Krenn testified that when Hackerd was representing her, she told him personal, and possibly inflammatory, things about her past, and she expressed concern that this information might be used against her in the pending litigation.

On March 15, 2017, the trial court granted Ms. Krenn’s motion. Five days later, Hackerd appealed the judgment. While that appeal was pending, the trial court issued an order suspending Mr. Krenn’s parenting time. Hackerd moved the court of appeals to vacate that ruling and filed a brief opposing Ms. Krenn’s motion to dismiss the motion to vacate. The court of appeals denied Hackerd’s motion and later affirmed the disqualification entry. On October 19, 2017, Hackerd withdrew from the case.

Sanction

The parties stipulated and the board agreed that four mitigating factors are present—Hackerd has no prior disciplinary record, he acted without a dishonest or selfish motive, he offered full and free disclosure to the board and demonstrated a cooperative attitude toward the disciplinary proceedings, and he presented evidence of his good character and reputation. See Gov.Bar R. V(13)(C)(1), (2), (4), and (5). The board also noted that Hackerd exhibited complete remorse for his misconduct. No aggravating factors are present.

(Mike Frisch )