“Easy Money”

Preview of an oral argument held today before the Ohio Supreme Court

Disciplinary Counsel v. Omar F. Shaaban, Case No. 2023-0179
Lucas County

The Board of Professional Conduct recommends that a Toledo attorney be suspended for two years, with one year stayed with conditions. The board found that the attorney violated 38 ethics rules while handling cases for eight clients – seven of whom were homeowners he represented in foreclosure actions.

The seven foreclosure cases were referred to attorney Omar Shaaban by James Warsing, owner of Ohio Mortgage Review. Warsing offered to defend people against foreclosures. The board determined that Shaaban improperly shared legal fees with Warsing, who wasn’t a lawyer. Shaaban also committed other misconduct, such as not appearing in court for scheduled hearings and failing to inform clients about their cases.

Shaaban acknowledges the misconduct but objects to the one-year actual suspension. Because he disagrees with the board recommendation, the Supreme Court of Ohio will hear his case during oral arguments.

Lawyer and Business Owner Partner on Foreclosure Lawsuits
Warsing had an arrangement with Shaaban to refer clients facing foreclosure to the lawyer for legal representation. The referrals took place from about 2010 to 2013 or 2014, and resumed in 2017 or 2018. Warsing did much of the work, including legal research and drafting legal documents, for the clients. He then sent the paperwork to Shaaban for review and signature. Either Warsing or Shaaban would file the documents in court. There was no set fee for Shaaban, and he didn’t keep records of the payments he got from Warsing.

In a 2018 case, Warsing saw in public records that a woman was facing foreclosure on her Geauga County home. Warsing met with her, said he would hire an attorney, and said she would be able to keep her house. The woman never knew Shaaban was her attorney and never met with him.

Shaaban notified the court that he was representing the woman. But he missed legal filing deadlines, didn’t alert his client about hearing dates, and didn’t show up for multiple hearings. He also failed to respond to emails from the mortgage bank’s attorney, including offers to settle the matter. At one point, Shaaban told the court a client couldn’t attend an August 2018 hearing because she was having surgery on the same day. The client was scheduled for surgery but not until early September. He also claimed he tried to call the client and believed the phone had been disconnected. The board report states that the client’s phone wasn’t disconnected. In March 2019, the client’s home was sold.

The homes of three other clients identified in the board report also were sold after foreclosure. Three more clients hired other attorneys, who were able to settle their cases. With these clients, the board found that Shaaban failed to inform them about their cases, including bank offers to resolve the foreclosures, and he repeatedly missed court hearings among other attorney misconduct. In addition to two cases in Geauga County, the others crossed Ashtabula, Cuyahoga, Lake, and Summit counties.

According to the board panel that reviewed Shaaban’s disciplinary cases, he violated ethics rules requiring attorneys to act diligently, consult with clients about what they want to achieve, keep them informed about their cases, and explain matters so that clients can make informed decisions.

Client Subject to Arrest When Attorney Misses Meetings
In a separate matter, Shaaban represented a woman charged with driving while her driver’s license was suspended. Shaaban didn’t appear for a couple pretrial and plea proceedings, leading the court to issue bench warrants for his client’s arrest. In most of the cases, Shaaban would file a motion requesting the withdrawal of the warrant. But in February 2022, a client was arrested following her and Shaaban’s failure to appear at a January 2022 hearing.

In May 2022, he and his client appeared in court, where his client pled no contest. The board report concluded that Shaaban violated rules by knowingly disobeying obligations under court rules, and engaging in conduct prejudicial to the administration of justice and that adversely reflects on his fitness to practice law.

Attorney Contends He Has Made Changes, No Actual Suspension Needed
Shaaban asks the Supreme Court to fully stay the recommended two-year suspension. He testified at the disciplinary hearing that he did the foreclosure work to make extra money and didn’t realize that his arrangement with Warsing, who died in 2020, violated attorney conduct rules. He has since learned about rules regarding fee sharing, and there is no chance of him making the mistake again, he states. Noting that he is a solo practitioner with no support staff, Shaaban adds that he has substantially reduced his caseload, which had overwhelmed him, and he has purchased case management software.

He argues he didn’t make false statements at any point and didn’t act dishonestly or engage in misrepresentation. An actual suspension isn’t warranted, he maintains.

Disciplinary Counsel Cites Board Reservations
The Office of Disciplinary Counsel, which investigated the complaints, points out that the board panel had lingering concerns after hearing Shaaban testify. The report noted that Shaaban said the assignments with Warsing were “easy money,” yet Shaaban knew Warsing was using his name and attorney number to file documents the attorney hadn’t reviewed. The panel stated that it seemed Shaaban would be willing to violate the ethics rules if profitable to him. The panel’s conclusions about Shaaban’s credibility during the disciplinary hearing should be given deference, and the sanction and conditions recommended to protect the public are supported by the evidence, the disciplinary counsel asserts.

– Kathleen Maloney

Docket entries, memoranda, briefs (including amicus briefs), and other information about this case may be accessed through the case docket.

(Mike Frisch)