The Cost Of A Hotel Room
Ohio Disciplinary Counsel has filed an 86-page complaint alleging misconduct in several matters including a matter where clients (“K.J.”) and her brother-in-law (“R.C.”) retained him to defend a civil stalking protection order and K.J.’s divorce
In or around September 2022, respondent appeared with K.J. for a court hearing in her divorce case.
While respondent and K.J. were at the courthouse, they met in a client room. Respondent began flirting with K.J.
Respondent invited K.J. to Galla Park, a bar and nightclub in Columbus, Ohio that evening, and K.J. accepted respondent’s invitation.
While at Galla Park, respondent and K.J. continued flirting with each other. Respondent also used cocaine.
Later that evening, respondent and K.J. walked to the Sonesta Hotel in downtown Columbus, where they engaged in sexual intercourse.
K.J. paid for the room at the Sonesta Hotel; however, respondent stated that he would reimburse her for the hotel by deducting the cost from her legal fees. Respondent never deducted the cost of the hotel from K.J.’s attorney fees.
After that evening, respondent continued to engage in sexual banter with K.J.
For instance, on October 12, 2022, K.J. texted respondent a nude picture of herself on a bed with the message, “I know strictly business but just in case you need to stay awake today.”
On the same day, respondent indicated that he “loved” K.J.’s picture and texted, “Just saw this and now I am fully torqued and wide awake.”
Also in October, and in reference to pictures that K.J. sent him, respondent texted K.J., “I need those to keep me going lol but I’m saying its like if I see u in person in that mini skirt this week I literally will lose all focus[.]”
In response to the above message, K.J. sent respondent a topless picture of her.
Respondent indicated that he “loved” the picture and replied, “Senseta hotel this weekend.”
In response, K.J. stated, “Let’s do it.”
K.J. also sent a second text message to respondent, which stated, “Wait until I send you this. This is what I do when I can’t sleep. And no I am not drunk.” K.J. then sent a video of herself dancing topless to a sexually explicit song.
On October 28, 2022, K.J. texted respondent, “You coming out tonight I got a room at the hotel we had before if you do decide too[;]” however, K.J. did not meet respondent that night.
On or about November 7, 2022, R.C. learned about the sexual texts and intercourse between K.J. and respondent.
On November 7, 2022, R.C. texted respondent:
Owen. One of my buddies just sent me some disgusting screenshots of some texts exchanged between you and [K.J.] I’m going to be very blunt and honest with you, promoting prostitution and asking clients to hotel rooms is a felony, and immediate bar revoked. So we’re going to do this. You’re immediately going to dismiss yourself as [K.J.’s] attorney on the divorce case, and you’re going to refund every single dollar that Lauren and I have paid you for the case by tomorrow end of business., in the amount of $15,000 or I report you to the bar, and make this a viral matter. This is the most unprofessional display of attorney/client I have ever seen in my life, and no way am I having you represent my nieces and nephew in court. Refund the money, and dismiss yourself by 5 pm tomorrow or I’m making some phone calls.
Respondent replied to R.C.’s November 7, 2022 text message stating,
[R.C.], I will refund you and withdraw off her cases. I will overnight the Logan county withdrawal since they only accept by mail when usps opens and will fax in my union county withdraw right now. The refunds may take a few days to go through, but I will get you your $15,000 right away.
However, respondent later disputed the amounts and purposes of R.C.’s payments to him and only refunded R.C. $5,000.
(Mike Frisch)