2012 annual report - Supreme Court - State of Ohio

Unearned fee claims continue to constitute the largest category of claims filed with
the CSF. These claims involve situations in which clients paid for legal services, but
the attorneys failed to provide them. The attorneys’ refusal or inability to refund the
claimants’ legal fee is considered “dishonest conduct,” as set forth in Gov. Bar R.
VIII. Unearned fee claims can be difficult to evaluate, particularly when an attorney
provides a portion of the services requested. The loss reimbursed in the typical
unearned fee claim is relatively low.
Although unearned fee claims remain the largest category of claims reimbursed by
the CSF, claims involving thefts by attorneys acting in a fiduciary capacity resulted
in the largest dollar amount of losses reimbursed. The board reimbursed nearly
$342,000 to claimants in this category.
2012 THEFT CATEGORIES
CATEGORY OF CLIENT LOSS AWARDS TOTAL
Theft by Fiduciary 16 $341,990.48
Settlement Thefts 5 $109,939.21
Estate Thefts 1 $75,000.00
Theft by Deception 4 $82,139.90
Unearned Fees 149 $320,924.34
TOTAL 175 $929,993.93
THEFT CATEGORIES
$320,924.34, 34%
$75,000.00,
8%
$341,990.48, 37%
Estate
Fiduciary
Settlement Theft
$82,139.90,
9%
$109,939.21,
12%
Theft by Deception
Unearned Fees
11