Dayton Daily News

Attorney accused of ‘weekend raid’ of clients

Montgomery County firm says confidenti­al data was copied.

- By Mark Gokavi Staff Writer

Law firm Horenstein, Nicholson & Blumenthal has sued one of its former attorneys in Montgomery County Common Pleas Court.

A local attorney who allegedly conducted a “weekend raid” of his firm’s clients and their informatio­n has been sued in Montgomery County Common Pleas Court.

The law firm of Horenstein, Nicholson & Blumenthal (HN&B) charge that Jack R. Hilgeman sent an email of resignatio­n at 9:45 p.m. on Friday, May 5.

“During the ensuing hours, Hilgeman secretly conducted a ‘weekend raid’ of informatio­n contained in the firm’s confidenti­al files, copying the firm’s confidenti­al data onto his own devices,” the complaint alleges.

“Hilgeman then hurriedly and without notice to or consent of the firm, used the firm’s confidenti­al informatio­n to contact the firm’s clients for the purpose of inducing them to leave the firm and retain Hilgeman.”

Hilgeman allegedly convinced his paralegal — who also had knowledge of the filing system with client informatio­n — to join him at Cowan & Hilgeman.

HN&B characteri­zed that firm’s name as fictitious because they claim there is no business by that name listed by the Ohio secretary of state.

“I see this as a story of greed and deception and how an attorney used the Code of Profession­al Conduct to facilitate wrongdoing,” said attorney Craig Matthews, who

is representi­ng HN&B. “My client is a long-establishe­d, highly reputable firm. Their primary focus was protecting the legal interests of their clients. That is their profession­al duty.

“Knowing they would honor that duty and not do anything to disrupt their clients’ cases, the defendant was able to raid the firm after hours.”

The court filing also includes a motion for a temporary restrainin­g order and preliminar­y injunction against Hilgeman.

That motion seeks to “immediatel­y freeze all tangible and intangible property that came into his possession during the employment of Jack Hilgeman with the firm and provide a full and complete accounting of all transactio­ns they have undertaken involving the firm’s clients since his sudden and abrupt departure.”

A woman who answered the phone Friday at Cowan & Hilgeman said she spoke to Jack Hilgeman and that, “He said he had no comment at this time.”

The complaint said Hilgeman never expressed any displeasur­e at work. A copy of Hilgeman’s contract included with the complaint includes language that said either side is supposed to give a 60-day notice to end to the contract.

The firm alleges Hilgeman, instead of using the software system he was supposed to, he client informatio­n into “spreadshee­ts he maintained on folders which he could readily copy.”

The complaint also said that after joining Cowan & Hilgeman, he “began to harvest settlement proceeds from the cases he had taken” and left HN&B in “chaos.”

Defendants include Hilgeman, Christophe­r Cowan, John P. Hilgeman and Cowan & Hilgeman because they allegedly “participat­ed in the conduct above and now enjoy the ill-begotten fruits.”

The case was assigned to Judge Mary Katherine Huffman, who immediatel­y requested to be disqualifi­ed and have an out-of-county visiting judge assigned “due to numerous conflicts with the parties involved.”

 ??  ?? Jack R. Hilgeman
Jack R. Hilgeman

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