Stark County Bar Ass'n v. Hare

99 Ohio St. 3d 310
CourtOhio Supreme Court
DecidedJuly 23, 2003
DocketNo. 2002-2149
StatusPublished
Cited by1 cases

This text of 99 Ohio St. 3d 310 (Stark County Bar Ass'n v. Hare) 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
Stark County Bar Ass'n v. Hare, 99 Ohio St. 3d 310 (Ohio 2003).

Opinion

Per Curiam.

{¶ 1} Respondent, David B. Hare of Medina, Ohio, Attorney Registration No. 0041217, was admitted to the practice of law in Ohio in 1989. On February 4, 2002, relator, Stark County Bar Association, filed a complaint charging respondent with numerous violations of the Code of Professional Responsibility. A panel appointed by the Board of Commissioners on Grievances and Discipline heard the cause, making findings of fact, conclusions of law, and a recommendation.

{¶ 2} In April 2000, respondent attempted to arrange an adoption for the first time. The birth mother, whom respondent had represented in a divorce and who still owed him $2,300 in legal fees, was pregnant with twins. Respondent learned of the pregnancy at a debtor’s exam in March 2000, at which time he also learned that the birth mother was unemployed and unmarried and did not intend to marry the biological father. They discussed adoption, and he advised that he would be willing to help with the arrangements.

{¶ 3} Respondent and the birth mother disagree as to who initiated the consultation that followed; however, they met in April 2000. Although respondent had never done an adoption before, he said he had handled “a lot” of adoptions, she testified. She also testified that respondent offered to pay her for her time off work during pregnancy and for six to eight weeks after the twins’ delivery, her medical bills and other expenses, and “anything” else she needed.

{¶ 4} Respondent later conceded to the panel that he had no experience in adoptions and had believed that arranging an adoption was “literally filling out forms work.”

{¶ 5} The birth mother, who was scheduled to deliver in June 2000, agreed to have respondent arrange the adoption of her unborn children. Between April and June of that year, respondent issued eight checks totaling $2,889 for the birth mother’s use. The birth mother testified that she applied these funds to rental payments, a motor vehicle inspection, a daughter’s trip to Washington, D.C., and living expenses. One check was made out to her landlord, one to the local municipal court, and the rest to her.

{¶ 6} Respondent disputed the birth mother’s testimony, insisting that as far as he knew, all of these checks had been issued to the birth mother to pay for medical expenses. He added that if some of the checks suggested otherwise, it was because his secretary had written the checks after he had signed them in [312]*312blank, although he did admit to authorizing payment for the motor vehicle inspection. Respondent also testified that he had asked the birth mother for medical receipts to justify the money he gave her, but she did not provide any. In contrast, the birth mother testified that she had not been charged for any medical expenses before the twins were born and so had not asked for reimbursement at that time.

{ÍI7} On April 28, 2000, respondent interviewed a couple who wanted to adopt the twins. He demanded a $1,500 nonrefundable retainer to pay for their interview and advised that the twins’ adoptions would cost $50,000. Respondent decided to charge this amount because he knew parents who had adopted one child from a foreign country, and they had paid $25,000 in legal fees. The couple agreed to proceed, and respondent interviewed them about their background. Three days later, respondent selected the couple as the prospective adoptive parents.

{¶ 8} Respondent told the prospective adoptive parents that in addition to the $50,000 legal fee, they would also have to pay $10,000 for the birth mother’s medical expenses before the births. In total, the couple paid respondent $61,500: $1,500 for the interview, $20,000 on May 12, 2000, and $40,000 on June 19, 2000. Respondent picked up the $40,000 check himself at the couple’s home, explaining that he needed the money to finish paying the bills for the adoptions.

{¶ 9} Between April and June 2000, the birth mother, biological father, and prospective adoptive parents completed preliminary adoption requirements. During those proceedings, respondent assured the adoptive mother that although the court had concerns about her previous divorces, they would be able to complete the adoption because he was a friend of the probate judge. At some point, respondent also told the birth mother that he could no longer represent her in the adoption because of a conflict of interest. Respondent arranged for her representation by another attorney, telling the other attorney first that his fee would be either $134 or $143 and later that his representation would have to be on a pro bono basis. Respondent told the attorney that respondent was not taking a legal fee because the birth mother did not have any money.

{¶ 10} The birth mother delivered the twins on June 22, 2000. On June 27, 2000, respondent filed preliminary estimated accountings in probate court that were required to disclose any disbursements of value in connection with the adoptions. Respondent, who had paid living expenses to the birth mother and had received over $60,000 from the prospective adoptive parents, represented in those filings that no such disbursements had been made.

{¶ 11} The birth mother’s attorney did not notice any irregularity in these accountings because respondent had told him that the birth mother had little or no money. The accountings also reflected the adoptive parents’ telephonic [313]*313consent, although the adoptive mother testified that she did not recall giving her approval.

{¶ 12} Also on June 27, 2000, respondent appeared on the adoptive parents’ behalf in probate court, along with the birth mother and her counsel and the birth father, for the initial consent hearing. The court awarded temporary custody of the twins to the adoptive parents subject to a final consent hearing six months later.

{¶ 13} Prior to the June 2000 hearing, respondent had permitted the birth mother to use a 1993 Oldsmobile that he said was worth $6,000. In July 2000, after the birth mother gave her initial consent to the adoptions, respondent transferred title of the vehicle to her. Respondent also filed a notice of satisfaction of the $2,300 judgment he had against the birth mother. The birth mother testified that respondent told her, “I let you go” on the judgment amount, which he quoted as $2,700. Respondent denied this and testified that he declared the judgment satisfied because he knew the birth mother had no assets.

{¶ 14} Thereafter, respondent stopped assisting the birth mother financially. According to the birth mother, he denied her request for rent, saying, “I let you go with the $2,700 for the divorce thing. * * * I’m not helping anymore.” Respondent disputed this, asserting that the birth mother had demanded an additional $10,000 for herself and $5,000 for the birth father, threatening to go to the media if respondent did not pay. Respondent testified that he had refused to pay because the birth mother had never substantiated her medical expenses. The birth mother denied this, testifying that she had forwarded her medical bills to respondent and her attorney after the twins were born, but the bills had not been paid.

{¶ 15} In anticipation of the final consent hearing, respondent forwarded for the birth parents’ signature the final accountings for the twins’ adoptions. Again, these documents did not list any disbursements for medical expenses or attorney fees. The adoptive mother asked respondent why he had omitted the $50,000 in legal fees and $10,000 in medical expenses they had paid.

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Bluebook (online)
99 Ohio St. 3d 310, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stark-county-bar-assn-v-hare-ohio-2003.