Ohio's highest court publically reprimands two attorneys who advertised a free consultation on their law firm's Web site but then charged an estate planning client for the consultation after the client signed a fee agreement. Cincinnati Bar Association v. Espohl (Ohio, No. 2012-0684, Dec. 3, 2012).
Kathleen Mezher and Frank Espohl practice together in a law firm hat advertised free consultations on its Web site. Stephanie Mahaffey and her siblings met with Mr. Espohl to discuss their mother's estate and a trust that Ms. Mezher had prepared. During the consultation, the siblings agreed to hire the law firm and signed a fee agreement. Mr. Espohl reviewed the will and trust and continued discussing the estate with the siblings. When the law firm sent the siblings a bill, it included a $250 charge for the attorney conference.
The Cincinnati Bar Association charged Ms. Mezher and Mr. Espohl with committing professional misconduct by violating rules requiring attorneys to communicate the basis for a fee and not make false or misleading statements about the lawyer's services.
The Ohio Supreme Court publically reprimands Ms. Mezher and Mr. Espohl. The court finds that the law firm's Web site was "misleading because it omitted a key piece of information--the free consultation ended (and the billing began) with the signing of the fee agreement." The court also finds that "an attorney must inform the client when the representation and chargeable events commence."
For the full text of this decision, go to: https://www.supremecourt.ohio.gov/rod/docs/pdf/0/2012/2012-ohio-5527.pdf
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