Noisy Withdrawal

The Ohio Supreme Court has imposed a stayed one-year suspension of an attorney who had violated the duty of confidentiality in a motion to withdraw

In 2008, Heben briefly represented Jennifer Cecchini during the initial stages of her divorce case. In September 2013, the divorce proceedings were still pending, and Cecchini again requested Heben’s legal assistance. Although Cecchini and Heben offered the panel different versions of what they had agreed would be the scope of his 2013 representation and how she would compensate him, the parties stipulated that (1) Cecchini paid Heben a $3,000 retainer on or about September 15, (2) he filed a notice of appearance in the divorce case on September 16, and (3) less than two weeks later, she terminated his legal services.

Heben subsequently moved to withdraw as Cecchini’s counsel, and with his motion, he submitted an affidavit purporting to state his reasons for seeking withdrawal. In the affidavit, he recounted communications he had had with Cecchini about the scope of his representation and his compensation, accused her of refusing to pay his agreed-upon fees “without cause,” and disclosed legal advice that he had given her. He also described Cecchini’s discharge of him as “retaliatory” and alleged that it had “occurred because of [his] advice to her concerning her objectionable and potentially illegal actions” relating to her ex-husband, which he characterized as “a problem similar to the one [he] experienced in [his] previous representation of her.” 

Upon Cecchini’s motion, the judge in her divorce case struck Heben’s affidavit from the record. In his testimony at the disciplinary hearing, the judge indicated that the contents of the affidavit—specifically, the disclosure of attorney-client communications—were inappropriate and not necessary for purposes of seeking withdrawal.

The court rejected as inapplicable the attorney’s claimed reliance on exceptions to the rule.

The panel and board concluded, however, that Heben had “no legal or ethical justification for making the public disclosures” in his affidavit and that the statements about Cecchini “appear to have been motivated by a vengeful purpose owing to his displeasure at being dismissed as counsel without having been paid.” At the disciplinary hearing, the panel members heard from Heben, the judge in Cecchini’s divorce case, and Cecchini—who denied engaging in the allegedly fraudulent activity and denied discussing it with Heben.

While the court concluded that the attorney violated a “hallmark” duty, a stayed suspension was deemed appropriate. (Mike Frisch)