Ohio Charges Sex With Client Misconduct
Ohio Disciplinary Counsel has filed a complaint alleging that an attorney represented a disabled client (C.C.) in an eviction action brought by the client’s father to remove her from a home owned by a trust created by her father.
C.C., age 57, is disabled and suffers from bipolar disorder, post-traumatic stress disorder, anxiety and rheumatoid arthritis.
Respondent was recommended to the client by a massage therapist (S.F.) who works out of her home.
Respondent has known the massage therapist for years and, allegedly, he had “paid her for oral sex after a massage.”
C.C. came to S.F.’s home to meet Respondent and brought paperwork about the eviction action.
Respondent allegedly declined to review the paperwork while getting a massage.
Respondent removed his clothing and laid on the massage table. S.F. began giving respondent a massage while C.C. was in the room.
They discussed the case during the massage.
C.C. declined his request for oral sex but “[f]eeling obligated, [she] rubbed his penis until he ejaculated.”
He negotiated a settlement over the next few days.
After a hearing was scheduled, Respondent arranged to meet C.C. at her home
Respondent told C.C. that he wanted to perform oral sex on her and have sexual intercourse. When C.C. refused, respondent said, “Then I’m not helping you anymore.” Respondent told respondent [sic C.C.] that without his help, she would be homeless.
Respondent persisted and C.C. told him she did not want to have sex and that she did not have a condom. Respondent replied. “We are both old and don’t have anything. Take off your clothes and lay down.”
She complied
Respondent then performed oral sex on C.C. and had vaginal intercourse with her.
She contacted her father directly and said Respondent was no longer her attorney; she appeared in court without him and secured a continuance.
She reported the encounter to police who declined to prosecute “due to the ‘he-said, she-said’ nature of the allegations.” The city director advised her to report the matter to discipline authorities. (Mike Frisch)