Fee Allegations In Ohio
The Chronicle reports on recent bar charges filed by the Lorain County (Ohio) Bar Association
The Lorain County Bar Association filed grievances against three local attorneys, alleging misconduct with legal fees.
On June 10, the Bar Association filed grievances with the Ohio Board of Professional Conduct, alleging that Jeanette Robinson and Thomas McGuire overcharged for services, and that former judge David Berta did not communicate a change in his fees.
None of the lawyers have had prior discipline from the Ohio Supreme Court.
Robinson and McGuire are both court-appointed attorneys. McGuire allegedly failed to inform several clients that they are entitled to refunds based upon the work performed and failed to deposit his flat fees into his trust account.
Lawyers are required to deposit legal fees that have been paid in advance into a trust account. McGuire is also accused of overcharging for work he said was court-appointed.
Robinson is also accused of overcharging court-appointed hours. At one point, she allegedly submitted billings for work done on the same day she was attending an all-day seminar in Cleveland.
Robinson worked in the Lorain County Court of Commons Pleas Juvenile Division from July 2016 to August 2017, according to the grievance filed against her. McGuire worked as a court-appointed attorney in the Juvenile Division from June 2016 to June 2017.
Investigations by the Lorain County Bar Association’s Counsel, Attorney Matthew Dooley, found that Robinson and McGuire violated six rules in the Ohio Rules of Professional Conduct.
Berta, a former Lorain County Domestic Relations judge from 2007 to 2012, allegedly failed to tell a client that he would charge more for a divorce than a dissolution of marriage.
He is accused of not providing a written fee agreement outlining the terms, but instead wrote “$2,500 flat” on the back of his business card, representing the flat fee charge. Although monthly billings were sent out, Berta said he did not look at the billing every month.
“The client claims it was a flat fee, but anyone who believes a contested divorce that goes two years is a flat rate is beyond me,” Berta said. “That’s the only allegation. The only allegation is whether or not I conveyed to her the hourly rate, which I did. I have notes that say I did give her the hourly rate. That’s all I have to go by.”
Failing to communicate a change in a fee is a violation of the Ohio Rules of Professional Conduct. The Lorain County Bar Association said Berta violated one rule of conduct.
The next step in the Ohio Board of Professional Conduct is for the attorneys to respond to the allegations and for a panel of OBPC members to be assigned to the case before a hearing is scheduled.
The board will make a recommendation, which will when go before the Ohio Supreme Court for the final disciplinary order if there is one.
McGuire and Robinson did not immediately respond to requests for comment.
Contact Laina Yost at (440) 329-7121 or lyost@chroniclet.com.
One of the cases alleges
In the one-year period between July 2016 and August 2017, Respondent billed a total of 3,107.4 hours for work she certified was performed as a court-appointed attorney in Lorain County. Excluding August 2017, Respondent averaged 235.7 court-appointed billing hours per month during this period, billing more than 300 hours in March 2017 alone.
Additionally, Respondent submitted daily billings of at least 14.8 hours and up to 30.2 hours on multiple occasions.
A separate matter alleges among other things
Between June 2016 and July 2017, Respondent billed a total of 2,514.3 hours for work he certified was performed as a court-appointed attorney in Lorain County. Respondent averaged 179.6 court-appointed billing hours during this period.
Additionally, Respondent submitted daily billings of at least 14.8 hours and up to 22.1 hours on multiple occasions. These billings do not account for time also spent providing legal services to private clients.
(Mike Frisch)