BEFORE THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE OF THE SUPREME COURT OF OHIO In Re: Complaint against Peter F. Fletcher Attorney Reg. No. 0030992 Responc?lent F . ®8 ®^^9 1 Disciplinary Counsel A(1G 2 : 2008 Relator CLERK OF COURT SUPREME COURT OF OHIO Case No. 07-103 Findings of Fact, Conclusions of Law and Recommendation of the Board of Commissioners on Grievances and Discipline of the Supreme Court of Ohio CONSENT TO DISCIPLINE This matter was submitted to the hearing panel as a Consent to Discipline matter pursuant to Section 11 of the Rules and Regulations Governing Procedure on Complaints and Hearings before the Board of Commissioners on Grievances and Discipline of the Supreme Court of Ohio. This disciplinary matter involved the misuse of an IOLTA account and providing financial assistance to a client. The consent was filed with the Board on May 16, 2008, which is within sixty days of the appointment of the hearing panel. The hearing panel finds that this agreement conforms to BCGD Proc. Reg. See. 11 and all panel members recommend acceptance of the agreement, including violations of DR 9-102(A), DR 9-102(B)(3), DR 5-103(B), DR 9-102(A)(4), Prof. Cond. Rules 1.15(a), 1.15(a)(2), 1.8(e) and 1.15(a)(2) and concur in the agreed sanction of a six month suspension with the entire six months stayed upon the conditions contained in the agreement.
Transcript
BEFORE THE BOARD OF COMMISSIONERSON
GRIEVANCES AND DISCIPLINEOF
THE SUPREME COURT OF OHIO
In Re:
Complaint against
Peter F. FletcherAttorney Reg. No. 0030992
Responc?lent F
. ®8 ®^^9 1
Disciplinary Counsel A(1G 2 : 2008
Relator CLERK OF COURTSUPREME COURT OF OHIO
Case No. 07-103
Findings of Fact,Conclusions of Law andRecommendation of theBoard of Commissioners onGrievances and Discipline ofthe Supreme Court of Ohio
CONSENT TO DISCIPLINE
This matter was submitted to the hearing panel as a Consent to Discipline matter pursuant
to Section 11 of the Rules and Regulations Governing Procedure on Complaints and Hearings
before the Board of Commissioners on Grievances and Discipline of the Supreme Court of Ohio.
This disciplinary matter involved the misuse of an IOLTA account and providing financial
assistance to a client. The consent was filed with the Board on May 16, 2008, which is within
sixty days of the appointment of the hearing panel.
The hearing panel finds that this agreement conforms to BCGD Proc. Reg. See. 11 and all
panel members recommend acceptance of the agreement, including violations of DR 9-102(A),
DR 9-102(B)(3), DR 5-103(B), DR 9-102(A)(4), Prof. Cond. Rules 1.15(a), 1.15(a)(2), 1.8(e)
and 1.15(a)(2) and concur in the agreed sanction of a six month suspension with the entire six
months stayed upon the conditions contained in the agreement.
Board Recommendation
Pursuant to Gov. Bar Rule V (6)(L), the Board of Commissioners on Grievances and
Discipline of the Supreme Court of Ohio considered this matter on August 15, 2008. The Board
voted to accept and adopt the agreement entered into by the relator and respondent. The
agreement sets forth the misconduct and the sanction of a six month suspension with the entire
suspension stayed upon conditions contained in the agreement which is the recommendation of
the Board. The Board further recommends that the cost of these proceedings be taxed to the
Respondent in any disciplinary order entered, so that execution may issue.
Pursuant to the order of the Board of Commissioners onGrievances and Discipline of the Supreme Court of Ohio,I hereby certify the foregoing Findings of Fact, Conclusionsof Law, and Recommendation as those of the Board.
Board of Commissioners onGrievances and Discipline ofthe Supreme Court of Ohio
2
BEFORE THE BOARD OF COMMISSIONERSON GRIEVANCES AND DISCIPLINEOF THE SUPREME COURT OF OHIO
Peter F. FletcherAtty. Reg. No. 0030992115 West Aurora RoadNorthfield Village, OH 44067
Respondent,
DISCIPLINARY COUNSEL250 Civic Center Drive, Suite 325Columbus, Ohio 43215-7411
Relator.
BOARD NO. 07-103
AGREEMENT FOR CONSENTTO DISCIPLINE
MAY 1 6 2008BOARD OF COMMISSIONERS
ON GRIEVANCES & DISCIPLINE
Relator, Disciplinary Counsel, and Respondent, Peter Fletcher, do hereby
stipulate to the admission of the following facts, violations, mitigating factors, sanctions,
and exhibits.
STIPULATED FACTS
1 Respondent, Peter Fletcher, was admitted to the practice of law in the State of
Ohio on March 9, 1982. Respondent is subject to the Code of Professional
Responsibility, the Ohio Rules of Professional Conduct and the Rules for the
Government of the Bar of Ohio.
COUNT ONE - IOLTA ISSUES
2. Respondent is a sole practitioner who practices in the areas of criminal and traffic
law, bankruptcy, DUI defense, divorce, personal injury, and social security
disability.
3. Since at least 1996, Respondent has maintained an Interest on Lawyer's Trust
Account (IOLTA), no. XXXXXXX663, at the FirstMerit Bank in Akron, Ohio.
4. Respondent is the only one with signature authority on his IOLTA.
5. Although he billed many of his clients on a flat-fee basis, Respondent did
occasionally maintain client funds in his IOLTA.
6. Since the opening of his IOLTA until February 1, 2007, Respondent did not
maintain a ledger of the client funds contained in his IOLTA.
7. Beginning February 2007, Respondent began keeping a ledger of client funds;
however, he only recently began recording the disbursements made on his
clients' behalves and the resulting balances in the ledger.
8. Since at least 1996, Respondent has maintained a joint checking account with
his wife, Anne Fletcher, at Third Federal Bank in Brecksville, Ohio.
9. Respondent has not used his Third Federal Bank account in several years.
10. From at least 2002 until August 7, 2007, Respondent's IOLTA at FirstMerit Bank
and his joint checking account at Third Federal Bank were the only bank
accounts on which Respondent was an authorized user.
11. During the same period, Respondent did not maintain a business operating
account and used his IOLTA as a business operating account for his law
practice.
12. During the same period, Respondent used his IOLTA for personal expenses.
13. During the same period, Respondent maintained some of his earned attorney's
fees in his IOLTA.
2
14. On October 31, 2006, Relator received an overdraft notice from FirstMerit Bank
stating that Respondent had overdrawn his IOLTA by $73.40.
15. On December 2, 2006, Relator received a second overdraft notice from FirstMerit
Bank stating that Respondent had overdrawn his IOLTA by $1,227.00.
16. Between January 1, 2005, and February 28, 2007, Respondent wrote one
hundred and one checks made payable to himself from his IOLTA. Respondent
determined the amount of each check based on the amount of money he needed
at the time instead of an actual calculation of his earned attorney's fees.
17. On several occasions between January 2005, and January 2007, Respondent
received "cash back" for incidental expenses such as gas and food when he
deposited checks into his IOLTA.
18. In addition, Respondent wrote checks from his IOLTA for the following personal
or business expenses:
a. Between January 2005, and January 2007, Respondent wrote several
checks from his IOLTA to his wife, Anne Fletcher, for household expenses.
b. During the same period, Respondent wrote twenty-five checks from his
IOLTA to Reno Zarcardelli for monthly office rent payments.
c. Also during this period, Respondent wrote twenty-four checks from his
IOLTA to Blue Line Design, Inc. for monthly office expenses such as faxes,
photocopies, and the answering service.
d. Between March 2005, and July 2005, Respondent made payments to
"Householdcrsvcs3" from his IOLTA for business related expenses.
3
e. Between March 2005, and March 2006, Respondent made monthly
payments from his IOLTA to Alltel for cell phone payments.
f. Between April 2005, and November 2006, Respondent made monthly
payments from his IOLTA to AT&T, YP.Com (Yellow Pager.Com), and
Revol Wireless (formally Northcoast PCS) for office and business
expenses.
g. In April, May, and July of 2005, and in December 2006, Respondent made
payments from his IOLTA to "Capital One Arc" for business related
expenses.
h. Between May 2005, and January 2007, Respondent wrote seventeen
checks from his IOLTA to Chase Auto Finance for monthly car payments.
i. In July 2005, and September 2006, Respondent wrote checks from his
IOLTA to Capital One for business related credit card charges.
j. Between April 2006, and November 2006, Respondent made at least eight
payments from his IOLTA to HSBC Credit Services for business related
expenses.
k. Between July 2006, and February 2007, Respondent made at least ten
payments from his IOLTA to Windstream Communications for business
expenses.
1. Between February 2005, and January 2007, Respondent wrote checks
from his IOLTA for the following miscellaneous personal or business
expenses: Fraternal Order of Police (February 2005, and July 2006),
Sam's Club for membership dues (March 2005), Tire Barn (March and
4
November 2005), Women's Bd. SC Juvenile Court for a donation (April
2005), Akron Bar Association (April and July 2005), Bureau of Motor
Philip A. 'f<ing (007189Assistant Disciplinary CounselCounsel for Relator
11
STATE OF OHIO )SS:
COUNTYOF S'yi-IP'Mi-r
AFFIDAVIT
I, Peter F. Fletcher, having been duly sworn, hereby depose and say:
1. I have personal knowledge of the facts set forth in this affidavit and the
foregoing agreement.
2. I am over 18 years of age.
3. I am competent to enter into the foregoing agreement and stipulations.
4. I was admitted to the practice of law in the State of Ohio on March 9, 1982.
5. I am not admitted to practice law any state other than Ohio.
6. I am subject to the Code of Professional Responsibility, the Ohio Rules of
Professional Conduct, and the Rules for the Government of the Bar of Ohio.
7. 1 admit committing the misconduct outlined in this agreement. I understand that
my admission is conditioned upon the acceptance of this agreement by the
Board of Commissioners on Grievances and Discipline ("Board").
8. I acknowledge that grounds exist for the imposition of a sanction against me for
the misconduct.
9. This agreement sets forth all grounds for discipline currently pending before the
board.
1
10. I admit to the truth of the material facts relevant to the misconduct listed in this
agreement.
11. I agree to the sanction recommended to the Board by this agreement.
12. These admissions and this agreement are freely and voluntarily given, without
coercion and duress. Further, I am fully aware of the implications of the
admission and this agreement on my ability to practice law in Ohio.
13. I understand that the Supreme Court of Ohio has the final authority to
determine the appropriate sanction for the misconduct to which I have admitted.
FURTHER AFFIANT SAYETH NAUGHT.
Peter F. Fletcher
AFFIRMED TO BEFORE ME AND SUBSCRIBED IN MY PRESENCE THSS
ff -rti - DAY OF MAY 2008.
; JOHNZACCAHDELUBESIDENTSUMMIrCOUNW
NOTARY PUBLIC, STATE OF OHIOOFp `MYCCMMISSIDNEXPIHEB
rqo^^f 1/ Zy/iz•-._EOF...
2
RECEIVED
In re:
Complaint.against
BEFORE THE BOARD OF COMMISSIONERS NOV zSAIPON GRIEVANCES AND DISCIPLINE OF BOARDOFCOMMISSfONERS
THE SUPREME COURT OF OHIO ON GRIEVANCES & DISCIPLINE
Peter F. Fletcher115 West Aurora RoadNorthfield Village, OH 44067
Attorney Registration No. (0030992)
Respondent,
Disciplinary Counsel250 Civic Center Drive, Suite 325Columbus, Ohio 43215-7411
Relator.
No. _
COMPLAINT AND CERTIFICATE
(Rule V of the Supreme Court Rulesfor the Government of the Bar ofOhio.)
Now comes the Relator and alleges that Peter F. Fletcher, an Attorney at Law,
duly admitted to the practice of law in this State of Ohio is guilty of the following
misconduct:
1. Respondent, Peter F. Fletcher, was admitted to the practice of law in the State of
Ohio on March 9, 1982. Respondent is subject to the Code of Professional
Responsibility, the Ohio Rules of Professional Conduct, and the Rules for the
Government of the Bar of Ohio.
COUNT ONE - IOLTA ISSUES
2. Respondent is a sole practitioner who practices in the areas of criminal and traffic
law, bankruptcy, DUI defense, divorce, personal injury, and social security
disability.
3. Since at least 1996, Respondent has maintained an Interest on Lawyer's Trust
Account (IOLTA) account, no. 5741000663, at the FirstMerit Bank in Akron, Ohio.
4. Respondent is the only one with signature authority on his IOLTA account.
5. Although he billed many of his clients on a flat-fee basis, Respondent did
occasionally maintain client funds in his IOLTA account.
6. Since the opening of his IOLTA account until February 1, 2007, Respondent did
not maintain a ledger of the client funds contained in his IOLTA account.
7. Since at least 1996, Respondent has maintained a joint checking account with
his wife, Anne Fletcher, at Third Federal Bank in Brecksville, Ohio.
8. Respondent has not used his Third Federal Bank account in several years.
9. From at least 2002 until August 7, 2007, Respondent's IOLTA account at
FirstMerit Bank and his joint checking account at Third Federal Bank were the
only bank accounts on which Respondent was an authorized user.
10. During the same period, Respondent did not maintain a business operating
account and used his IOLTA account as a business operating account for his law
practice.
11. During the same period, Respondent used his IOLTA account for personal
expenses.
12. During the same period, Respondent maintained some of his earned attorney's
fees in his IOLTA account.
13. On October 31, 2006, Relator received an overdraft notice from FirstMerit Bank
stating that Respondent had overdrawn his IOLTA account by $73.40.
14. On December 2, 2006, Relator received a second overdraft notice from FirstMerit
Bank stating that Respondent had overdrawn his IOLTA account by $1,227.00.
15. Between January 1, 2005, and February 28, 2007, Respondent wrote one
hundred and one checks to himself from.his IOLTA account for attorney's fees.
16. Respondent determined the amount of each check for his attorney's fees based
on the amount of money he needed at the time instead of an actual calculation of
his earned fee.
17. On several occasions between January 2005, and January 2007, Respondent
received "cash back" when he deposited checks into his IOLTA account for
incidental expenses such as gas and food.
18. Between January 2005, and January 2007, Respondent wrote several checks
from his IOLTA account to his wife, Anne Fletcher, for household expenses.
19. During the same period, Respondent wrote twenty-five checks from his IOLTA
account to Reno Zarcardelli for monthly office rent payments.
20. Also during this period, Respondent wrote twenty-four checks from his IOLTA
account to Blue Line Design, Inc. for monthly office expenses such as faxes,
photocopies, and the answering service.
21. Between March 2005, and July 2005, Respondent made payments to
"Householdcrsvcs3" from his IOLTA account for business related expenses.
22. Between March 2005, and March 2006, Respondent made monthly payments
from his IOLTA account to Alltel for cell phone payments.
23. Between April 2005, and November 2006, Respondent made monthly payments
from his IOLTA account to AT&T, YP.Com (Yellow Pager.Com), and Revol
Wireless (formally Northcoast PCS) for office and business expenses.
24. In April, May, and July of 2005, and in December 2006, Respondent made
payments from his IOLTA account to "Capital One Arc" for business related
expenses.
25. Between May 2005, and January 2007, Respondent wrote seventeen checks
from his IOLTA account to Chase Auto Finance for monthly car payments.
26. In July 2005, and September 2006, Respondent wrote checks from his IOLTA
account to Capital One for business related credit card charges.
27. Between April 2006, and November 2006, Respondent made at least eight
payments from his IOLTA account to HSBC Credit Services for business related
expenses.
28. Between July 2006, and February 2007, Respondent made at least ten payments
from his IOLTA account to Windstream Communications for business expenses.
29. Respondent also wrote checks from his IOLTA account for the following personal
or business expenses: Golf Digest (January 2007), Kohl's Payment Center
(January 2006), City of Brecksville (January 2006), Sears (March and June
2006), Office Max (April and November 2006), Laschinger Memorial Fund for a
golf outing (June 2006), Fraternal Order of Police (July 2006 and February 2005),
Traffic Violations Bureau (July 2006), Cleveland Clinic (July 2006), Nicholas
Graor, D.D.S. (March 2006), Tire Barn (March and November 2005), Sam's Club
for membership dues (March 2005), Women's Bd. SC Juvenile Court for a
donation (April 2005), Akron Bar Association (April and July 2005), Bureau of
Motor Vehicles (May 2005), Cleveland Clinic (May 2005), Best Buy (May 2005),
Ohio State Bar Association (July 2005), MasterGrip for golf gloves (July 2005),
Parking Violations Bureau (September and December 2005), Ashland Printing
(September 2005), and Gillbride and Company for a seminar (November 2005).
30. On April 27, 2005, Respondent deposited into his IOLTA account $100.00 in
earned attorney's fees received from Dorothy Halicki.
31. That same day, Respondent deposited into his IOLTA account $160.00 in earned
attorney's fees received from Willard Cupp Jr.
32. In May 2006, Respondent deposited into his IOLTA account a $750.00 check
from Capital One, which was a personal loan from his credit card company.
33. On July 24, 2006, Respondent deposited a U.S. Treasury check into his account
for $2,529.74, and a similar check for $5,225.00 on September 14, 2006. Both
checks represented Respondent's earned attorney's fees for social security
disability cases.
34. On August 8, 2007, Respondent opened a business operating account for his law
practice.
35. The allegations in paragraphs 15 through 33 accurately reflect Respondent's use
of his IOLTA account from January 1, 2005, to August 7, 2007.
36. Respondent's conduct before February 1, 2007, violates the Code of
Professional Responsibility and the Supreme Court Rules for the Government of
-5-
the Bar, specifically: DR 9-102(A) (all funds of clients paid to a lawyer shall be
deposited in one or more identifiable bank accounts and no funds belonging to
the lawyer or law firm hall be deposited therein); and DR 9-102(B)(3) (a lawyer
shall maintain complete records of all funds, securities, and other properties of a
client coming in the possession of the lawyer which the client is entitled to
receive).
37. Respondent's conduct on and after February 1, 2007, violates the Ohio Rules of
Professional Conduct, specifically: ORPC 1.15(a) (A lawyer shall hold property of
clients or third persons that is in as lawyer's possession in connection with a
representation separate from the lawyer's own property); and ORPC 1.15(a)(2)
(a lawyer shall maintain a record for each client on whose behalf funds are held).
COUNT TWO - HORACE JACKSON
38. Respondent is currently representing Horace Lee Jackson in a bankruptcy case
and a divorce case.
39. Due to Jackson's financial situation, Respondent has loaned Jackson money
unrelated to court costs or litigation expenses.
40. Jackson is the owner of a small cleaning company named "Before and After"
(hereinafter "B & A").
41. Mr. Jackson did not have a bank account and asked Respondent to cash
company checks from B & A.
42. The funds from B & A belonged to Mr. Jackson and were unrelated to the cases
in which Respondent represented Mr. Jackson.
43. At his deposition, Respondent testified that he thought that Jackson owed back
child support and that there was a garnishment order in place for Jackson's
wages.
44. Respondent also thought that Jackson did not maintain a bank account to
deposit the B & A checks so that those funds would not be subject to
garnishment.
45. Respondent realized that Jackson asked him to cash Jackson's B & A checks in
order to avoid depositing his funds in an account that could be subject to
garnishment.
46. As a favor to Jackson for referring several clients, Respondent agreed to deposit
Jackson's B & A checks into his IOLTA account and give him cash.
47. In June, November, and December 2006, Jackson signed over checks that he
received for B & A to Respondent who deposited the B & A checks into his
IOLTA account.
48. Occasionally, Respondent received $25.00 or $50.00 from Jackson for
depositing the B & A checks into Respondent's IOLTA account.
49. After depositing the B & A checks, Respondent wrote checks from his IOLTA
account to himself.
50. Respondent then cashed the checks, and gave cash to Jackson.
51. The cash amount Jackson received from Respondent was the amount of the
deposited B & A check, minus any loan or gratuitous payment owed Respondent.
52. Respondent did not maintain records of the money that he deposited for
Jackson. Only recently, Respondent began making a"HJ" notation to the memo
line of checks that he writes to himself to withdraw cash for Jackson.
53. Respondent continues to engage in the conduct described in paragraphs 47
through 52, and on October 1, 2007, began using his business operating account
instead of his IOLTA account to cash Jackson's A & B checks.
54. The allegations in paragraphs 39 through 52 accurately reflect Respondent's use
of his IOLTA account concerning Jackson from June 2006, to September 2007.
55. Respondent's conduct before February 1, 2007 violates the Code of Professional
Responsibility and the Supreme Court Rules for the Government of the Bar,
specifically: DR 1-102(A)(5) (a lawyer shall not engage in conduct that is
prejudicial to the administration of justice); DR 1-102 (B) (a lawyer shall not
engage in any conduct that adversely reflects on the lawyer's fitness to practice
law); DR 5-103(B) (a lawyer shall not provide financial assistance to a client in
connection with litigation unrelated to court costs or litigation expenses); DR 7-
102(A)(7) (a lawyer shall not knowingly assist a client in conduct that the lawyer
knows to be illegal or fraudulent); and DR 9-102(A)(4) (a lawyer shall maintain
complete records of all funds, securities, and other properties of a client coming
in the possession of the lawyer which the client is entitled to receive).
56. Respondent's conduct on and after February 1, 2007, violates the Ohio Rules of
Professional Conduct, specifically: ORPC 8.4 (d) (a lawyer shall not engage in
conduct that is prejudicial to the administration of justice); ORPC 8.4(h) (a lawyer
shall not engage in any conduct that adversely reflects on the lawyer's fitness to
practice law); ORPC 1.8(e) (a lawyer shall not provide financial assistance to a
client in connection with litigation unrelated to court costs or litigation expenses);
ORPC 1.2(d) (a lawyer shall not knowingly assist a client in conduct that the
lawyer knows to be illegal or fraudulent); and ORPC 1.15(a)(2) (a lawyer shall
maintain a record for each client on whose behalf funds are held).
CONCLUSION
Wherefore, pursuant to Gov. Bar R. V, the Code of Professional Responsibility,
and the Ohio Rules of Professional Conduct, Relator alleges that Respondent is
chargeable with misconduct; therefore, Relator requests that Respondent be disciplined
pursuant to Rule V of the Rules of the Government of the Bar of Ohio.
atHan E. Cqa§0lan (0026424)DisciplinaryRelator
PhiTip A. King (0071895)Assistant Disciplinary Coun"sel250 Civic Center Drive, Suite 325Columbus, Ohio 43215-7411(614) 461-0256 phone(614) 461-7205 faxkingp0sconet.state. oh.usCounsel for Relator
CERTIFICATE
The undersigned, Jonathan E. Coughlan, Disciplinary Counsel, of the Office of
Disciplinary Counsel of the Supreme Court of Ohio hereby certifies that Philip A. King is
duly authorized to represent relator in the premises and has accepted the responsibility
of prosecuting the complaint to its conclusion. After investigation, relator believes
reasonable cause exists to warrant a hearing on such complaint.
than E. Co
Gov. Bar R. V, § 4(l) Requirements forFilin'g-j'Complaint.
(1) Definition. "Complaint" means a formal written allegation of misconduct or mental illnessof a person designated as the respondent.• r •
(7) Complaint Filed by Certified Grievance Committee. Six copies of all complaints shall befiled with the Secretary of the Board. Complaints filed by a Certified Grievance Committee shallbe filed in the name of the committee as relator. The complaint shall not be accepted for filingunless signed by one or more attorneys admitted to the practice of law in Ohio, who shall becounsel for the relator. The complaint shall be accompanied by a written certification, signed bythe president, secretary, or chair of the Certified Grievance Committee, that the counsel areauthorized to represent the relator in the action and have accepted the responsibility ofprosecuting the complaint to conclusion. The certification shall constitute the authorization ofthe counsel to represent the relator in the action as fully and completely as if designated andappointed by order of the Supreme Court with all the privileges and immunities of an officer ofthe Supreme Court. The complaint also may be signed by the grievant.(8) Complaint Filed by Disciplinary Counsel. Six copies of all complaints shall be filed withthe Secretary of the Board. Complaints filed by the Disciplinary Counsel shall be filed in thename of the Disciplinary Counsel as relator.(9) Service. Upon the filing of a complaint with the Secretary of the Board, the relator shallforward a copy of the complaint to the Disciplinary Counsel, the Certified Grievance Committeeof the Ohio State Bar Association, the local bar association, and any Certified GrievanceCommittee serving the county or counties in which the respondent resides and maintains anoffice and for the county from which the complaint arose.
