Opinion

Disciplinary Counsel v. Holzer

  • 78 Ohio St. 3d 309
  • 1997 Ohio 214
Court
Ohio Supreme Court
Filed
Apr 30, 1997
Status
Published
Cited by
0 cases
Authority
More cited than 34.9%

The opinion

[This opinion has been published in Ohio Official Reports at 78 Ohio St.3d 309.]

OFFICE OF DISCIPLINARY COUNSEL v. HOLZER.

[Cite as Disciplinary Counsel v. Holzer, 1997-Ohio-214.]

Attorneys at law—Misconduct—One-year suspension—Engaging in conduct

involving dishonesty, fraud, deceit, or misrepresentation.

(No. 96-1965--Submitted January 21, 1997--Decided April 30, 1997.)

On Certified Report of the Board of Commissioners on Grievances and Discipline

of the Supreme Court, No. 95-77.

__________________

{¶ 1} On October 10, 1995, relator, Office of Disciplinary Counsel, filed a

complaint charging respondent, Richard Jean Holzer of Dayton, Ohio, Attorney

Registration No. 0018814, with violation of three Disciplinary Rules while

representing a client, the city of Englewood. At the time, respondent was a

shareholder at the firm of Pickrel, Schaefer & Ebeling (“firm”). On May 2, 1996,

a hearing was held before a panel of the Board of Commissioners on Grievances

and Discipline of the Supreme Court (“board”). Based on testimony at the hearing,

stipulations filed by the parties, and numerous letters from his clients, friends and

members of the bar attesting to respondent’s good character, ability, and integrity,

the panel found the following facts.

{¶ 2} From October 24, 1992 through February 1, 1995, when the city of

Englewood (“city”) was a client of the firm, another attorney at the firm was

contacted by Eric. A. Smith, the Englewood City Manager, to represent him in a

domestic relations matter. The other attorney was designated in the firm’s

accounting system as the “responsible attorney” for Smith, and respondent was

designated as the “requesting attorney,” “originating attorney,” and “billing

attorney.” During the above period, with Smith’s knowledge, respondent

transferred a portion of the time billed by several attorneys of the firm from the

SUPREME COURT OF OHIO

“Eric Smith-Domestic Relations Matter” account to the “City of Englewood-

General Matters” account, making changes that altered the nature of the legal

services performed by the firm. As a result, the city was billed for a total of 60.05

hours of personal legal services performed on Smith’s behalf by lawyers of the firm.

Respondent testified that because the city was a very large client of the firm and

Smith constantly teased him about diverting the city’s work to a competing firm,

he felt obligated to charge Smith’s fees to the city.

{¶ 3} After the alterations were discovered, the firm issued a corrected

invoice to Smith, reimbursed the city a total of $6,142.50, and terminated

respondent as a shareholder. Respondent was charged with theft, and on November

8, 1995 began a “Pre-Trial Diversion Program” developed for those who have

committed first-time nonviolent felony offenses. Upon successful completion of

the program, the criminal case against respondent is to be dismissed with prejudice.

{¶ 4} The panel concluded that respondent’s actions violated DR 1-

102(A)(4) (engaging in conduct involving dishonesty, fraud, deceit, or

misrepresentation). Taking into account respondent’s reputation and the isolated

nature of the incident, the panel recommended that respondent be suspended from

the practice of law for two years with the entire suspension stayed, and that he be

placed on probation for two years under the supervision of a monitoring attorney.

While on probation respondent was to perform 1,000 hours of work for

governmental or charitable entities. The board adopted the findings, conclusions,

and recommendation of the panel.

__________________

Geoffrey Stern, Disciplinary Counsel, Lori J. Brown and Alvin E. Matthews,

Assistant Disciplinary Counsel, for relator.

Dwight D. Brannon, for respondent.

__________________

Per Curiam.

2

January Term, 1997

{¶ 5} We adopt the findings and conclusions of the board, but believe that

a more severe sanction is warranted. Unlike the fee padding committed in Toledo

Bar Assn. v. Batt (1997), _____Ohio St. 3d ______, _____N.E.2d _____, the work

for which the city was charged in this case was actually performed. The work

performed, however, was for the personal account of the city manager and, despite

this, was knowingly charged to the city. Taking into account respondent’s

reputation and the isolated nature of the incident, we nonetheless find that a year’s

actual suspension is appropriate in this case.

{¶ 6} Respondent is hereby suspended from the practice of law for one year

from the date of entry of this order. Costs taxed to the respondent.

Judgment accordingly.

MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and

LUNDBERG STRATTON, JJ., concur.

__________________

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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