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Problems in Legal Ethics Keyed to Schwartz, 14th Ed.
Mahoning County Bar Association v. Rauzan
Citation:
150 N.E.3d 888, 159 Ohio St. 3d 296 (2020)Facts
Andrew Rauzan, while serving as police chief, conducted unauthorized searches on the OHLEG system not connected to legitimate law enforcement purposes. In 2017, he pleaded guilty to four misdemeanor counts of attempted unauthorized use of property, was sentenced to community control, and surrendered his OPOTA certificate. Additionally, Rauzan commingled personal funds with client funds in his trust account, essentially using it as an operating account. In May 2017, Rauzan and Wagner jointly represented the Fosters in a personal injury matter, receiving a $5,000 retainer. Wagner deposited the retainer in her trust account but transferred $2,350 to her operating account and $2,500 to Rauzan’s trust account before sufficient work was performed to earn these fees. Wagner also failed to notify the Fosters that she lacked malpractice insurance. After the Fosters terminated the representation and demanded a refund, both attorneys repaid $2,500 each, although they claimed to have eventually performed sufficient work to earn the fees.
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