Mismanagement Of Trust Account Draws Stayed Suspension

The Ohio Supreme Court ordered a fully stayed one year suspension for an attorney’s mismanagement of his trust account after entering solo practice

From the time he was admitted to the bar [2003] until 2016, Weber worked for several law firms but was not involved with the management of client trust accounts. In February 2016, Weber opened a client trust account at PNC Bank. He established a solo practice in March 2016 and entered into an office-sharing agreement with Gioffre & Schroeder Co., L.P.A., that December. In July 2017, he merged his solo practice with the Gioffre firm and served as “of counsel” to that firm until December 2017.

Sanction

The board found that just two aggravating factors are present— Weber engaged in a pattern of misconduct and committed multiple offenses. See Gov.Bar R. V(13)(B)(3) and (4). As for mitigating factors, the board found that Weber has a clean disciplinary record, made restitution to all of the clients affected by his misconduct, and cooperated in the disciplinary process. See Gov.Bar R. V(13)(C)(1), (3), and (4). The board also found that he presented evidence of his good character or reputation through several letters and the testimony of two witnesses—including an attorney who had been Weber’s supervisor for eight years. See Gov.Bar R. V(13)(C)(5). Although the evidence established that on several occasions the balance in Weber’s client trust account fell below the amount that he should have held on behalf of his clients, the board found no evidence that Weber had misappropriated the funds for his own benefit. Instead, the board determined that he was simply not experienced in managing client funds in a client trust account when he started his solo practice. At the time of his disciplinary hearing, Weber was serving as the deputy county administrator for Lorain County and was no longer actively representing clients.

Conditions include CLE on the proper operation of client trust accounts. (Mike Frisch)