2012 annual report - Supreme Court - State of Ohio

Unearned fee claims continue to constitute the largest category of claims filed withthe CSF. These claims involve situations in which clients paid for legal services, butthe attorneys failed to provide them. The attorneys’ refusal or inability to refund theclaimants’ 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 attorneyprovides a portion of the services requested. The loss reimbursed in the typicalunearned fee claim is relatively low.Although unearned fee claims remain the largest category of claims reimbursed bythe CSF, claims involving thefts by attorneys acting in a fiduciary capacity resultedin the largest dollar amount of losses reimbursed. The board reimbursed nearly$342,000 to claimants in this category.2012 THEFT CATEGORIESCATEGORY OF CLIENT LOSS AWARDS TOTALTheft by Fiduciary 16 $341,990.48Settlement Thefts 5 $109,939.21Estate Thefts 1 $75,000.00Theft by Deception 4 $82,139.90Unearned Fees 149 $320,924.34TOTAL 175 $929,993.93THEFT CATEGORIES$320,924.34, 34%$75,000.00,8%$341,990.48, 37%EstateFiduciarySettlement Theft$82,139.90,9%$109,939.21,12%Theft by DeceptionUnearned Fees11