Disciplinary Counsel v. Hunter

106 Ohio St. 3d 418
CourtOhio Supreme Court
DecidedOctober 26, 2005
DocketNo. 2004-1770
StatusPublished
Cited by27 cases

This text of 106 Ohio St. 3d 418 (Disciplinary Counsel v. Hunter) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Disciplinary Counsel v. Hunter, 106 Ohio St. 3d 418 (Ohio 2005).

Opinions

Per Curiam.

{¶ 1} Respondent, Sandra K. Hunter of Solon, Ohio, Attorney Registration No. 0009526, was admitted to the practice of law in Ohio in 1977. On February 27, 2004, relator, Disciplinary Counsel, charged respondent in a second amended two-count complaint with violations of the Code of Professional Responsibility. A panel of the Board of Commissioners on Grievances and Discipline heard the cause and, based on stipulations and other evidence, made findings of misconduct and a recommendation, which the board adopted.

Facts Underlying Counts I and II

Count I

{¶ 2} On April 6, 1999, respondent was appointed Evelyn Grundstein’s guardian and was charged with overseeing Grundstein’s welfare and assets, which exceeded $500,000. As guardian, respondent agreed to account for all expendi[419]*419tures and income and had authority to expend estate assets only upon probate court approval.

{¶ 3} From September 1999 through March 2001, while serving as Grundstein’s guardian, respondent misappropriated at least $180,000 from the guardianship estate. Respondent withdrew this money for her own use through several bank counter checks totaling over $83,000, ATM transactions totaling an estimated $27,000, and 38 other checks totaling over $80,000. Respondent marked several of these checks as being compensation for “attorney fees” or a “business loan”; however, she had no probate court approval for these payments.

{¶ 4} Respondent’s embezzlement scheme began on September 14, 1999, when she withdrew without probate court approval over $84,000 from a $186,000 certificate of deposit belonging to her ward. Respondent then deposited these funds, dividing them between two bank accounts that she maintained for Grundstein’s care. Her withdrawal cost the guardianship estate interest on the certificate of deposit and a $2,000 early-withdrawal penalty. Respondent later used these bank accounts as a source from which to misappropriate funds.

{¶ 5} Among numerous other transactions, respondent wrote a check to herself from a Grundstein bank account on September 17, 1999, for $31,000. On March 27, 2000, she wrote two bank counter checks also for her own use: one for $33,825.53 and another for $50,000. Respondent conceded under oath that she spent these sums for her own benefit; however, she could not specifically recall where much of the money went, and her bank records were of no help in explaining how she used the stolen funds.

{¶ 6} In November 2000, respondent began a solo law practice. Respondent used some of the stolen funds for her law firm startup and operation costs. She also used part of the funds for personal expenses, including acupuncture treatment and monthly massages.

{¶ 7} On Monday, April 2, 2001, Grundstein died. On the Saturday before Grundstein’s death, as trustee of the Henry L. Wiech Trust, respondent moved $100,000 from the trust account to the Grundstein bank account to help conceal the prior theft.

{¶ 8} Respondent was later removed as Grundstein’s guardian for failing to timely file a final account. Grundstein’s next of kin hired attorney Kenneth Traeger to represent Grundstein’s estate. Traeger reviewed guardianship paperwork and bank records and discovered respondent’s extensive misappropriation. In May 2001, Traeger called respondent about his findings, but respondent failed to explain the reasons for the missing money. Afterward, she refused to return his telephone calls.

[420]*420{¶ 9} When respondent did not reply to his inquiries, Traeger filed a motion to surcharge respondent for the missing funds. At a hearing in August 2001, respondent’s attorney delivered a check to Traeger for $55,021.79 and also presented him with an application for $32,000 in legal fees for respondent’s services as guardian. The application was never filed with the probate court.

{¶ 10} At a second hearing, respondent’s attorney delivered another check to Traeger, this time for $42,000. Settlement discussions ensued and led to questions about the source of funds for the $100,000 deposit respondent made at the time of Grundstein’s death. In response, respondent solicited a letter from Virginia R. Cook Lester, the primary beneficiary of the Wiech trust, in which Lester advised that she had lent respondent the $100,000 from the Wiech trust. The motion to surcharge was dismissed based on respondent’s reimbursement and Lester’s assurance that the $100,000 had come from a legitimate source.

Count II

{¶ 11} Lester was the stepdaughter of Henry L. Wiech, who died February 12, 2001. Wiech’s estate contained approximately $33,000 in assets, and the Wiech trust was valued at an estimated $1,369,658. Wiech had chosen respondent to be executor of his will and successor trustee upon his death.

{¶ 12} In addition to being the primary beneficiary, Lester was also advisor to respondent as trustee of-the Wiech trust, and the declaration of trust required that respondent consult with Lester prior to making any distributions. Notwithstanding this restriction, respondent withdrew $100,000 from the Wiech trust on March 31, 2001, without Lester’s knowledge and deposited it into the Grundstein bank account.

{¶ 13} Respondent did not report her $100,000 withdrawal to Lester until late September or early October 2001. At that time, respondent recited a series of hardships and confessed to Lester that she had withdrawn $100,000 from the trust for her personal use. Respondent then assisted Lester in writing the letter designating as a loan the misappropriated $100,000.

{¶ 14} Respondent promised to repay the $100,000 by December 2001 with interest and to provide a signed promissory note documenting the loan. She did not also tell Lester that she had already used the money to partially repay funds that she had stolen from the Grundstein estate or that she hoped to exculpate herself for that theft with Lester’s letter. Moreover, despite her promise, respondent neither repaid the $100,000 nor forwarded a promissory note by December 2001.

{¶ 15} The Ohio estate taxes for the Wiech estate were due in November 2001. Respondent, however, did not have the money to pay the taxes from either the [421]*421trust or the estate until October 2003. The Wiech estate was assessed over $5,000 in interest by the Ohio Department of Taxation for respondent’s delay.

{¶ 16} Lester asked respondent repeatedly to send the promissory note for the $100,000 debt, but respondent did not do so until February 2003. Respondent also did not return many of Lester’s telephone calls or respond to her letters asking for regular billing statements. And contrary to Lester’s wishes, respondent did not provide bills for her time or account records from November 2002 through September 2003.

{¶ 17} For serving as executor and attorney for the Wiech estate and trustee and attorney for the Wiech trust for the three years after February 2001, respondent was paid over $98,000. She did not, however, tailor her billing practices to the particular service provided. Respondent’s records indicate that she charged attorney rates for completing nonlegal administrative tasks, including picking up mail, depositing checks, paying bills, and arranging for lawn care, house cleaning, and the delivery of necessities.

{¶ 18} At a January 2003 deposition during the Grundstein investigation, respondent was asked whether she had misappropriated funds from any other sources.

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Bluebook (online)
106 Ohio St. 3d 418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/disciplinary-counsel-v-hunter-ohio-2005.